Thompson v. J. C. Camors & Co.

Citations

• 126 Miss. 772
• 89 So. 649

Syllabus

<p>Attachment. Court clerk need not mail copy of published notice to resident defendants in attachment, and their being described in the judgment as nonresidents does not invalidate.</p> <p>Section 147, Code 1906 (section 139, Hemingway’s Code), expressly provides that, when a resident defendant be not summoned in an attachment suit, the clerk of the court shall cause a notice to be published once a week for three weeks in some newspaper published in the county, or in some convenient county, and having a circulation in the county in which the suit is pending, stating the issuance of such attachment, at whose suit, against whose estate, for what sum, and in what court the same is pending, and that, unless the defendant appear on the first day of the next succeeding term of court and plead to said action, judgment will be entered, and the estate attached will be sold. Under this section it is not necessary that the clerk of the court mail to tlie absent resident defendant, at his post office address, a copy of such notice. This notice is only required to be mailed when the suit is against persons residing outside of this state.</p>