Naron v. Gwin

Citations

• 43 Miss. 346

Syllabus

<p>1. ¿Tury — Issue—Recoed—Practice—Clerical Ebeob. — A record, reciting in the usual form that “a jury was empaneled and sworn to try the issue joined,” etc., when, in fact, there was no plea and no issue, is a clerical error, and no cause for a reversal of the judgment. Garrett v. Eelt et al., 32 Miss. R., 137, and Hewett v. Cobbj 40 ib., 61, cited and adhered to.</p> <p>2. Ebocess — Service—Return.—If a sheriff merely ondorsos a writ: “ executed by personal service,” or “executed in person,” and fails to set out his proceedings under the writ ” as to the manner of his service, it will be error, according to numerous adjudications of this court, to regard such endorsement ás a service of the writ, and render judgment by default. See Ranlrin v. Dulaney, supra, p. 197 ; Moore v. CoatSf supra, p. 225.</p>