Carrollton Hardware & Implement Co. v. Marshall

Citations

• 117 Miss. 224
• 78 So. 7

Syllabus

<p>1. Justices of the Peace. Transcript on appeal. Sufficiency.</p> <p>In view of Code 1906, section 2726 (Hemingway’s Code, section 2225), requiring a justice of the peace to keep a docket showing among other things the time of issuing process, when the same is returned, and a copy of the return, and section 83, Code 1906 (Hemmingway’s Code, section 63), requiring a justice in case of appeal to make up a transcript and transfer the same to the circuit court, where neither the justice’s transcript nor the original papers certified by the justice showed service of process on defendant to support a judgment by default, an execution on such judgment was properly quashed and a garnishment thereon was properly discharged by the circuit court; since a justice has no authority to enter judgment by default unless the defendants are personally served as required by law.</p> <p>2. Justice of the Peace. Process. How served.</p> <p>Service of a summons from a justice of the peace court by reading the same to the defendant is not service as required by law.</p>