City of Meridian v. Trussell

Citations

• 52 Miss. 711

Syllabus

<p>1. Suit against a City : Service on may or.</p> <p>A summons executed “by delivering to E., mayor, etc., a true copy,” is a sufficient return to warrant a judgment by default against the city, without evidence aliunde that the person named in the return was in fact mayor.</p> <p>2. Judgment by Default : Case in ¿judgment.</p> <p>On the 17th of May judgment by default was rendered against the city. On the following day a motion was made to set it aside. In support of the motion the affidavit of E. was filed, stating that the summons was never served on him while mayor; also the affidavit of S., then mayor, that ho had never heard of the case until it was called on the 17th of May, when judgment by default was taken, and that the city had a good and substantial defense to the action. The affidavit of the sheriff in support of his return was also filed. This motion was denied. Held, that under the circumstances, as disclosed by the record, this refusal to set aside the judgment and allow the city to plead was wanton, arbitrary, and erroneous.</p>