Mississippi Code

Miss. Code Ann. § 13-3-49 (2026)

Service when defendant is a corporation

✓ current as of July 2026
Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

If the defendant in any suit or legal proceeding be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of the directors of such corporation. If the defendant corporation be a sleeping-car company, process may be served upon any conductor thereof. If the defendant corporation be a steamboat company, process may be served upon the captain or other officer of a boat thereof. If no such person or persons be found in the county, then it shall be sufficient to post a true copy of the process on the door of the office or principal place of business of the corporation. In suits against railroads, sleeping-car, telegraph, telephone, express, steamboat, and insurance companies or corporations, or in suits against a receiver or receivers in charge of the property of any such companies or corporations, the process may be served on any agent of the defendant or sent to any county in which the office or principal place of business may be located, and there served as herein directed and authorized, or process may be served on any one of the foregoing officers of such corporation or company, and upon the secretary, cashier, treasurer, clerk, depot agent, attorney or any other officer or agent of such receiver or receivers, or upon them in person. When any writ or process against such corporation, company, receiver or receivers has been returned executed, the defendant or defendants shall be considered in court, and the action shall proceed as actions against natural persons. All process and notices to be served upon such companies, corporations, or receivers may be served as herein directed.

Codes, Hutchinson's 1848, ch. 15, art. 3 (1); 1857, ch. 61, art. 64; 1871, § 703; 1880, §§ 1035, 1529; 1892, § 3433; 1906, § 3932; Hemingway's 1917, § 2939; 1930, § 2985; 1942, § 1866; Laws, 1894, ch. 61.


Notes of Decisions
Cited in 7 cases (3 in the last 5 years), 2002–2023 · leading case: Estate of Jones v. Phillips Ex Rel. Phillips
Est. of Jones v. Phillips Ex Rel. Phillips, 992 So. 2d 1131 (Miss. 2008). · cites it 2× “Miss.Code Ann. §§ 13-3-49 (Rev.2002); Miss.”
City of Clarksdale Ex Rel. Clarksdale Pub. Utils. Comm'n v. Bellsouth Telecomm., Inc., 428 F.3d 206 (5th Cir. 2005). “Miss.Code Ann. § 13-3-49 (2002). 7 “If the defendant in any suit or legal proceeding be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of the…”
Humes-Pollett v. Fam. Health Ctr. Inc., 339 F. App'x 490 (5th Cir. 2009). “4(d)(4); see also Miss.Code Ann. § 13-3-49 (“If the defendant in any suit or legal proceeding be a corporation, process may be served on the president or other head of the corporation, upon the cashier, secretary, treasurer, clerk, or agent of the corporation, or upon any one of…”
Hopson v. Safeway Ins. Co. (S.D. Miss. 2023). · cites it 2× “” Miss. Code Ann. § 13-3-49 . For these reasons, the motion to dismiss is DENIED WITHOUT PREJUDICE.”
Alpha Mgmt. Corp. v. Betty Harris, Individually, & Betty Harris on Behalf of All the Wrongful Death Beneficiaries of John Harris, & Kevin Gooden (Miss. 2023). · cites it 2× “4(d)(4) and Miss. Code Ann. §13-3-49 ; or, (3) alternatively, to transfer this case from Hinds County, Mississippi, to either Pike County or Madison County, Mississippi, pursuant to Miss.”
K&C Logistics, LLC v. Old Dominion Freight Line, Inc. & Daniel Steven Cooper (Miss. 2023). · cites it 2× “Miss. Code Ann. §§ 13-3-49 (Rev. 2002); Miss.”
Lance Wright, M.D. v. Tyson Phillips (Miss. 2002). · cites it 2× “Miss. Code Ann. §§ 13-3-49 (Rev. 2002); Miss.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.