Columbia Star Milling Co. v. Brand

Citations

• 115 Miss. 625
• 76 So. 557

Syllabus

<p>1. Judgment. Process to support. Publication. Personal judgment.</p> <p>No personal judgment can be entered against a foreign corporation by publication of process only.</p> <p>2. Corporations. Service on foreign corporation. Immediate mailing of registered copy. Statute.</p> <p>Where in a suit against a foreign corporation, service of process on an agent of the corporation was made on September 6, 1915, hut a copy of the process was not mailed to the corporation by registered letter at its home office until December 30, 1915, the summons calling for the appearance of the corporation in court at rules September 13th, there was no compliance with Code 1906, section 920, providing that it shall be the duty of the clerk immediately to mail a copy of the process to the home office of the corporation by registered letter.</p> <p>3. Same.</p> <p>In such case the summons was functus officio, its return day having passed, the statute was not complied with, in that the copy was not immediately mailed and this is a necessary part of the service of summons in order to bring a defendant in court.</p> <p>4. Corporations. Appearance. Suggestion to court of attorney for individual defendant.</p> <p>In a suit against a foreign corporation and also its president who was its principal stockholder and active manager and who, in his individual answer, set up all the defenses he thought could have been set up by the corporation, such president’s attorney of record, by his suggestion or argument to the court that the corporation was not properly in court; did not thereby enter an appearance for the corporation, since he clearly had the right to suggest that any proposed motion in the case should he overruled, either as attorney of one defendant or as amieus curiae.</p>