Graves v. Williams

Decided January 15, 1844

Mississippi Supreme Court · decided 1844-01-15

In error from Covington circuit court. Contended that the record,below did not show, the plaintiff’s right to sue; he being an administrator, and the declaration not sufficiently averring that fact, and the letters of administration not being filed.

Decided 1844-01-15

Mr. Justice Thaciiee

¶1delivered the opinion of the court.

¶2This was writ of error to Covington county.

¶3The record does not present the case to us in such a manner as to enable us to take note of the errors assigned by the plaintiff in error, but in looking through it, we find other manifest error.

¶4There was a judgment by default taken against two of the defendants below who were not before the court, either by service of writ, or their own appearance. This has been repeatedly ruled to be error.

¶5The judgment must be reversed, and the cause remanded for further proceedings.