Joiner v. Delta Bank

Citations

• 71 Miss. 382

Syllabus

<p>1. Void Summons. Returnable instanter. Judgment vacated.</p> <p>A summons issued during a term of court, returnable instanter, is a nullity, and, notwithstanding it is properly served, a judgment based thereon, though not taken until the next term, is void, and may be vacated on motion. So held in respect to a summons for the representative of a deceased defendant, and where the judgment recited due and legal service of summons. ■</p> <p>2. Same. Void summons; not amendable. Code 1880, § 2286.</p> <p>Such summons, not being returnable as required by law, is not amendable under §2286, code 1880, authorizing an amendment where any thing required to be inserted in or indorsed upon process is omitted.</p> <p>8. Supreme Court. Reversal. Appearance. Further proceedings.</p> <p>On appeal from a judgment void for want of legal summons, the court will reverse and remand, but the defendant will be held to be in court for further proceedings.</p>