Oliver v. Baird

Citations

• 90 Miss. 718
• 44 So. 35

Syllabus

<p>Judgments. Default. Injunction. Case.</p> <p>An equity suit to enjoin a judgment, rendered by default against complainant as a nonresident defendant in an attachment at law, is maintainable where (a) defendant was without notice of the suit until after the judgment became final, (6) his postoflice address was well known to the plaintiff in attachment, (c) and he would have received the notice had it been mailed him; and where (d) proof of publication was not on file when the judgment was rendered, (e) no entry in the records showed that a notice had been mailed to defendant and (/) the clerk was unable to testify that it was mailed.</p>