Wood v. Page & Moran

Citations

• 55 Miss. 105

Syllabus

<p>1. Attachment. Proof of publication to non-resident defendant.</p> <p>In an attachment suit against a non-resident, the proof of publication of the-notice to the defendant is prescribed, in section 819 of the Code of 1871, to be: “ The production of a copy of the notice, and the affidavit of the printer- or publisher, specifying the numbers and dates of the newspaper in which the-publication was made, together with the certificate of the person before whom, the affidavit is taken that he has compared the newspapers with said copy,, and that the same is correct and truly made.” If the officer before whom the-affidavit is taken fails to certify that he has compared the copy produced with the papers containing the publication, the proof is defective, and a judgment, by default thereon will be reversed by this court.</p> <p>2. Same. Proof of mailing notice to non-resident defendant.</p> <p>In an attachment suit, the affidavit of the clerk, under section 1475 of the Code-of 1871, that he has mailed “a copy of the notice of publication,” postage-prepaid, addressed to the non-resident defendant at his post-office, is not defective because of the failure of the clerk to append a copy of the notice to his; affidavit, when a copy of such notice already appears as a part of the record-</p>