Ponder v. Martin

Citations

• 119 Miss. 156
• 80 So. 388

Syllabus

<p>1. Peocess. Service by publication. Sufficiency of affidavit. Compliance with statute.</p> <p>It is of the highest importance that parties interested receive summons or notices and where publication is substituted for summons, the proceedings required by statute must be strictly followed.</p> <p>2. Peocess. Service by publication. Sufficiency of affidavit.</p> <p>Under the Code of 1906, section 3920 (Hemingway’s Code, section 2927, providing for service of summons by publication, where such service was sought and the bill and affidavit for such publication gave the residence of defendants, but failed to state that such place was also this post office address, or that their post office address was unknown, such service was insufficient.</p> <p>3. Paetition. Qualifications of commissioners. Interest in suit.</p> <p>In a suit for partition where some of the parties are minors, it is inconsistent for the same person to be quardian ad litem for for some of the parties to the suit and at the same time a commissioner to make and report a sale.</p>