Burton v. Cramer
Decision Date | 13 December 1920 |
Docket Number | 21373 |
Citation | 123 Miss. 848,86 So. 578 |
Court | Mississippi Supreme Court |
Parties | BURTON v. CRAMER |
October, 1920
APPEAL from circuit court of Kemper county, HON. THOS. B. CARROLL, Judge.
Action by Joe Cramer against Dave Burton. Judgment for plaintiff, and defendant appeals. Reversed and remanded.
Reversed and remanded.
Guy J. Rencher, for appellant.
J. H. Daws, for appellee.
No brief of counsel for either side found in the record.
This suit was instituted in the circuit court of Kemper county. The suit was begun by Joe Cramer, and the appellant was defendant. The summons was issued by the clerk without affixing his official seal, and there was no notation or certificate by the clerk, certifying that his office was not furnished a seal. The process was not served personally upon the defendant, the return shows that the defendant was not found, and the sheriff served the process in the following manner:
The defendant was not served with proper process. "The writ was not good without the seal of the court, or a statement of the fact, if there were no seal." Pharis v. Conner, 3 S. & M. 87. The seal, or an accounting for its absence, was absolutely necessary to warrant a judgment by default. The defendant was not brought into court.
Reversed and remanded.
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...if it be stated in the body of the certificate of acknowledgment, that it was certified under such official seal." In the case of Burton v. Cramer, 86 So. 578, it was that "a writ without the seal of the court, or a statement of the fact, if there were no seal, is bad." From this opinion we......
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