Unknown County MsArchives Court.....Cox, Mr 1839
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File contributed for use in USGenWeb Archives by:
Deb Haines ddhaines@gmail.com December 8, 2005, 9:09 pm

Source: Reports Of Cases Argued And Determined In The High Court Of Errors And Appeals Of The State Of Mississippi
Written: 1839

Cox v. Wadlington et al.

page 57

The writing of an acknowledgment of service of citation upon tha back of it, 
by the clerk of an inferior court, is a mode of service not known to the law, 
and therefore void.

MOTION to dismiss for want of service of citation.

Tupper and Rollins, for the motion.
Hughes, contra.

Per Curiam, PRAY J.—This cause was submitted on a motion to dismiss for the 
following reasons:

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

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

"By direction of Ramsay M. Cox, I endorse service of the within citation; 
acknowledged this 11th May, 1836.
S. D. Livingston, Clk."

The 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.

The cause must, therefore, be dismissed with costs.

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


Source: Reports of Cases Argued and Determined in the High Court of Errors and 
Appeals of the State of Mississippi, by Volney E. Howard, Reporter to the 
State; Vol. III; Containing the Cases for December Term, 1838, and January 
Term, 1839. NEW ORLEANS: E. JOHNS & CO., STATIONERS’ HALL, 1839.

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