Opinion

Rice v. McMullen

  • 207 Miss. 706
  • 43 So. 2d 195
  • 1949 Miss. LEXIS 382
Court
Mississippi Supreme Court
Filed
Nov 28, 1949
Status
Published
Author
Roberds
On the bench
Montgomery, Roberds
Cited by
27 cases

The opinion

Roberds, J.

(concurring).

Except that the decided cases appear to hold otherwise, and I am bound by them unless'and until they are overruled, I would be compelled, to, conclude that the affidavit in this case states that. McMullen, at the time of- the fprmer contest of the will, was a non-resident of Mississippi. It borders on the absurd, in- my judgment, to say an affidavit does not say a party is a non-resident of this State when it does state the party is a resident of Sherman, Texas, and that Sherman is his post office address. That is the same- as concluding that an affidavit fails to state, the party is a non-resident of Mississippi, although it says he is a resident of London, England, and his postoffice address is No. 10. Downing Street. He could not be a resident of both places at one and, the same time for the purpose of service of process.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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