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4 Miss. 57

Cox v. Wadlington

Mississippi Supreme Court

Decided December 15, 1838

Mississippi Supreme Court · decided 1838-12-15

<p>. The writing of an acknowledgment of service of citation upon the hack of it, by the clerk of an inferior court, is a mode of service not known to the law, and therefore void.</p>

Decided 1838-12-15

Per Curiam, Prat J.

¶1This cause was submitted on a motion to dismiss for the' following reasons:

¶2That no citation has been properly served upon the defendant in error.

¶3The endorsement of service upon the citation in this case is in the following words:

¶4“ By direction of Ramsay M. Cox, I endorse service of the within citation; acknowledged this 11th May, 1836.

¶5S. D. Livingston, Clk.”

¶6The entering of an 'acknowledgment of service of a citation upon its back, by the clerk of the inferior court, is a mode of service unknown to the law, and void.

¶7The cause must, therefore, be dismissed with costs.

Judge Trotter having presided in the court below, on the trial of this cause, gave no opinion.
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