Betts v. Baxter

Citations

• 58 Miss. 329

Syllabus

<p>1. Justice’s Court. Constructive service of process. Sect. 701, Code 1871.</p> <p>Sect. 701 of the Code of 1871, which provided for and regulated constructive service of process, applied to original writs in all the courts of the State, including that of a justice of the peace. The Code of 1880 contains provisions to the same effect.</p> <p>2. Same. Constructive service of summons. Judgment by default at return-term.</p> <p>Under sects. 630 and 632 of the Code of 1871, a judgment by default rendered by a justice of the peace at the return-term of the summons, upon constructive service, was void. The law is the same under the Code of 1880.</p>