H. Lupkin & Sons v. Russell

Citations

• 108 Miss. 742
• 67 So. 185

Syllabus

<p>1. Appeal and Error. Proceedings. Continuance. Process. Return. Amendment after judgment. Effect of transfer. Correction of sheriff’s return. Questions revieioable. Refusal to amend sheriff’s return.</p> <p>When the supreme court has passed the call of the docket of the district from which a case comes, such case stands continued until the call of the docket for that district is again reached at the next term of the court, and a party desiring to correct the record may do so during the interim-</p> <p>2. Process. Return. Amendment after judgment.</p> <p>When process was in fact legally served, and the court thereby acquired jurisdiction of the defendant “but -the return of the officer or other proof of service fails to show that fact, or is otherwise irregular or defective, it may be amended after judgment” provided the amendment will not have the effect of invalidating an otherwise valid judgment.</p> <p>3'. Same.</p> <p>Even after an appeal has been taken from the judgment of the lower court, the lower court may correct the return of service, so as to show there was a valid service of process, and such amendment will be considered by the appellate court when certified to it.</p> <p>4. Appear and Ebbor. Questions reviewahle. Refusal to amend sheriff’s return.</p> <p>,The supreme court will review the action of the lower court in refusing to.permit an amendment of a sheriff’s return of process, to show that service was not made on Sunday, whether or not the rule of the common law, “that the refusal of the lower court to permit an amendment of this character to be made is not subject to review on appeal” has been modified by section 775, Code 1906.'</p>