Southern Express Co. v. Craft

Citations

• 43 Miss. 508

Syllabus

<p>1. Corporations — Service or Process ok. — The service of process on a corporation, other than a railroad or telegraph company, must be on the president or other head of such corporation, or its cashier, treasurer, secretary, etc., or in such other manner as the court may direct. Service on an “ agent ” is not sufficient as either an actual or a constructive service, because not showing such description of officer or agent as is required by statute to make the defendant amenable to the jurisdiction of the court.</p> <p>2. New Teiae at Law — Whew Geanted by Cotot oe Equity. — A new trial at law will not be granted by a court of equity whore the party applying for it has had a fair opportunity for testing his rights, and has failed to do so. But a party against whom judgment by default has been taken upon no sufficient service of process, is entitled to perpetual injunction against such judgment and a new trial in the court of law.</p>