McDugle v. Filmer

Citations

• 79 Miss. 53

Syllabus

<p>1. Pbocess. Service. Justice of the -pence. Jurisdiction.</p> <p>Service of a summons by a justice of the peace who issued it is void, and does not confer jurisdiction over the person of the defendant.</p> <p>2. Same. Code 1892, § 3445.</p> <p>Process can only be served by an officer authorized to do so by statute; code 1892, $ 3445, authorizing the service of process in certain cases by justices of the peace, does not empower a justice of the peace to serve a summons issued by himself.</p> <p>3. Same. Certiorari. Code 1892, l 89. Circuit court.</p> <p>On certiora ri from a j ustice of the peace the circuit court, being confined (code 1892, $ 89) to questions of law arising on the record, is without jurisdiction of a cause in which the summons was served by the justice of the peace who issued it.</p> <p>4. Same.</p> <p>In cases arising before a justice of the peace the circuit court is without jurisdiction on appeal if the justice’s court was without jurisdiction.</p>