Burks v. Burks

Citations

• 66 Miss. 494

Syllabus

<p>1. Chancery Practice. Publication for defendants. Affidavit necessary.</p> <p>Publication for a defendant who is a non-resident, or whose post office is unknown, to be effectual, must be supported by the affidavit prescribed by code 1880, l 1855.</p> <p>2. Affidavit by Attorney. Requisites thereof.</p> <p>While an attorney may make oath for a client in all cases where an oath is required, it should be special, and show whether the knowledge or information is that of the attorney or the client.</p> <p>3. Publication for Defendants. Form, of affidavit by attorney.</p> <p>The form of the affidavit to secure publication for a defendant whose residence is unknown, if made by an attorney, shall be, “ that the post office is unknown to affiant, and he believes it is unknown to complainant or petitioner.” Code 1880, l 1855.</p> <p>4. Supreme Court Practice. One appellant cannot avail of error affecting only another. Code 1880, $ 1440.</p> <p>If one of several defendants against whom a decree has been rendered appeals therefrom, and his co-defendants, against whom the decree was rendered after pro confesso and upon defective service by publication, enter their appearance in the supreme court, and consent to a severance, thereby electing to abide by the decree, the appellant cannot complain of the error against his co-defendants, who themselves fail to assign it. Code 1880, 1 1440.</p>