71 Miss. 382 | Miss. | 1893
delivered the opinion of the court.
The summon^ issued during the term of court, and returnable instanter, was a nullity, and did not confer jurisdiction on the court by virtue of its service. It was not amendable by virtue of § 2286 of the code of 1880, for it was not conformable to law in its command. If it had been returnable
The judgment refusing to vacate the judgment will be reversed, and, in pursuance of the long settled practice of this court, without any statute, the appellant will be held to be in court as a party to the suit for such further proceedings as may be had in the pending cause.
Reversed and remanded,.