# Rice v. McMullen

> Mississippi Supreme Court · November 28, 1949 · 207 Miss. 706

URL: https://www.frixlaw.com/law-library/cases/3514978

## Case

- **Full name:** Rice Et Al. v. McMullen
- **Court:** Mississippi Supreme Court
- **Decided:** November 28, 1949
- **Citations:** 207 Miss. 706; 43 So. 2d 195; 1949 Miss. LEXIS 382
- **Precedential status:** Published
- **Opinion:** Concurrence by Roberds
- **Judges:** Montgomery, Roberds
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3514978

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3514978. Public record. Not legal advice.