Raiford v. Weems

Citations

• 68 Miss. 138

Syllabus

<p>Void Judgment. Presumption. Service of summons after return day. Jurisdiction.</p> <p>Where, in ejectment, in support of an execution sale, a transcript of the record in a suit before a justice of the peace is introduced, which contains no summons, hut recites the issuance of one and shows a continuance on the return day for want of service, and a return of service made after-wards, but nothing as to an alias, and there is no recital in the judgment showing that the court had acquired j urisdiction of the defendant by proper service, it will be presumed that the service was on the original summons after it became functus officio, and a sale under the judgment confers no title.</p>