Mood v. McDuff

Citations

• 58 Miss. 751

Syllabus

<p>1. Chancery Practice. Decree against infant. Service of process.</p> <p>A decree in chancery against an infant upon service of process on him alone, without any service as to his father or guardian, is erroneous, under the Code of 1871, where the record fails to show that the infant had no father or guardian in this State. Erwin v. Carson, 54 Miss. 284, cited.</p> <p>2. Same. Decree reversed as to infants. Pi'O confesso as to adults.</p> <p>Where this court reverses a final decree in chancery against infant and adult defendants, upon their joint appeal, for the reason that the record fails to present the proper showing of service of process as to the infants, if the decree as to the adults be based upon pro confessos, it will be left to the discretion of the chancellor to whose court the case is remanded whether to set aside such pro confessos. Ingersoll v. Ingersoll, 42 Miss. 155, approved; Hamilton v. Lockhart, 41 Miss. 460, restricted.</p>