Postal Telegraph-Cable Co. v. Thompson

Citations

• 121 Miss. 379
• 83 So. 612

Syllabus

<p>Justice of the Peace. Service of summons by deputy of regular constable insufficient.</p> <p>Where in a suit before a justice of the peace, it appeared that the ■ summons for the defendant was not executed by the constable, but by a person claiming to act as the constable’s deputy and the record contained no evidence of the appointment of such person either as a deputy constable or as a special constable,, the service was unauthorized; the presumption that such person was a special constable appointed by the justice' under Code 190/>, section 2732 (Hemingway’s Code, section 2231), not being tenable, since the return of service, clearly showed that'the person serving the summons did not claim to be acting as a special constable, but as a deputy of the regular constable.</p>