Hendricks v. Kellog

Citations

• 116 Miss. 22
• 76 So. 746

Syllabus

<p>1. Process. Service of summons on absent defendant. Code 1906, Sec. 3926. Member of family.</p> <p>Under Code 1906, section 3926 (Hemingways Code, section 2933), providing that summons shall be served if the defendant cannot himself be found in the county, by leaving a true copy at his usual place of abode with some member of his family over sixteen years of age. A married woman having a husband and children, of her own living in the house of her unmarried sister who is absent as a domestic servant in California, was not a “member” of such unmarried sister’s family.</p> <p>2. Process. Service of absent defendant at usual place of abode. Statute.</p> <p>Under Code 1906, section 3926, providing that summons shall be served, if defendant cannot be found, or no member of his family, aged sixteen can be found at his usual place of abode who is willing to receive such copy, then by posting a true copy on a door of defendant’s usual place of abode, where an unmarried woman owning a house in this state left it in the occupancy of her married sister’s family and went to California as a domestic servant, remaining there for two years, and intending to remain for an indefinite time, his residence in California was her “usual place of abode” while she was away.</p> <p>3. Limitation or Actions. Statute of limitation. Interruption by absence from state.</p> <p>Under Code 1906, section 3108, providing that, if the person against whom a cause of action has accrued he absent from and reside out of the state, the time of his absence shall not be taken as any part of the time limited for the commencement of the action after his return, the phrase “be absent from and reside out of the state” in this statute applies to an unmarried woman who went to California to work as a domestic servant intending to return to this state when she had earned enough to pay off an incumbrance on her property.</p>