Hinton v. Schaffer, 42889
| Decision Date | 13 April 1964 |
| Docket Number | No. 42889,42889 |
| Citation | 250 Miss. 535,162 So.2d 651 |
| Parties | Annie Pearl HINTON, Mother and Next Friend of Vera Rose Hinton v. Eddie B. SCHAFFER. |
| Court | Mississippi Supreme Court |
James E. Brown, Starkville, for appellant.
Mitchell, McNutt & Bush, Tupelo, for appellee.
The suggestion of error emphasizes that the opinion and judgment hereinbefore rendered in this cause was entered when there was defective process as to the appellee Schaffer. We have re-examined the process on said Schaffer and agree that the same was defective. For this reason the suggestion of error is sustained to the extent that the former opinion is withdrawn, the former judgment set aside, and the case is remanded to the docket with directions to the clerk of this Court to summon the appellee Schaffer to appear at the next return day of this Court. No further briefs will be considered except briefs, if any, filed by Schaffer in his own behalf and briefs in response to such brief of Schaffer, if any.
The case will be reset by the clerk of this Court for resubmission to the Court.
Suggestion of error sustained with directions as set out herein.
All Justices concur.
To continue reading
Request your trial
-
Continental Southern Lines, Inc. v. Lum, 43754
...Gregory v. Thompson, 248 Miss. 431, 160 So.2d 195 (1964); Hinton v. Delcher Bros. Moving & Storage Co., 250 Miss. 535, 160 So.2d 694, 162 So.2d 651, 167 So.2d 813 (1964); Fink v. East Miss. Elec. Power Ass'n, 234 Miss. 221, 105 So.2d 548 (1958); Meeks v. McBeath, 231 Miss. 504, 95 So.2d 791......
-
Mississippi State Highway Commission v. Nixon
...they have been properly made parties on appeal. Miss. Code Annot. Secs. 1186, 1187, 1189, 1898 (1942). In the cases of Hinton v. Schaffer, 162 So.2d 651 (Miss. 1964), in which it was discovered the appellee had not been summoned, we followed the procedure of remanding the case to the docket......
-
Hinton v. Delcher Bros. Moving & Storage Co., 42889
...to answer said appeal. A judgment to that effect was entered on April 13, 1964. See opinion rendered in Cause No. 42,889, on April 13, 1964, 162 So.2d 651. The record shows that an alias summons was duly issued by the Clerk of this Court for the appellee Schaffer on April 14, 1964, returnab......