Bustamente v. Bescher, Shultz & Co.

Citations

• 43 Miss. 172

Syllabus

<p>1. Process — Service—Return.—When a defendant cannot be found and service shall be made by leaving a copy, etc., the return should state that he could not be found, that a copy of the process was left at his usual place of abode with his wife, or some other person above the age of sixteen years, then and there being one of his family. Omitting to state that the person with whom the copy was left was a member of the defendant’s family, vitiates the return.</p> <p>2. Same. — Appearance of a defendant in a suit, or the prosecution of a writ of error, which is an appearance, operates to cure a defective service or return.</p>