Bacon v. S. Bevan & Co.

Citations

• 44 Miss. 293

Syllabus

<p>1. Return 03? Process. — The court will not indulge in nice criticism of tlie words, «sed by a sheriff in describing Ms acts. If it can bo fairly inferred’ from the return that he met the requirements of the law, it will be sufficient.</p> <p>2. Weitteh ACKNOwnEDGEmENT 03? service — Must ee proved. — A written acknowl-edgement of service of process on the writ, and signod by the party, will not be sufficient without proof of the signature of the party.</p> <p>3. Dbeective service — Irregular judgment. — 1Where therofias been good service as to one of two joint defendants, and an insufficient service as to the other, a joint j udgment against both is erroneous.</p> <p>4. Husband and wipe — Joint oudgment — Ekboneous_Where the husband is sued jointly with the wife, on a note executed by her alone, there is ho liability on his part, and he is joined for conformity only. However regular the service of process in such case, judgment quod recuperet cannot be rendered against him.</p>