Fleming v. Nunn & Anderson

Citations

• 61 Miss. 603

Syllabus

<p>1. Chancery. Jurisdiction. Bill to vacate defective judgment. A parly having- actual notice of the suit and full knowledge of the rendition of a defective judgment against him, which he could have tested by appeal or certiorari, cannot after allowing the time for such pi-oceedings to elapse invoke the aid of the chancery court to relieve him of the result of his own laches.</p> <p>2 Summons. Equivocal return. Right of justice issuing to construe. When the return on a summons is equivocal, it not appearing of which of two defendants are served, it is competent for the justice issuing the summons to construe the return and say whether the service was personal or not.</p>