Jones v. Chandler – Paternity
Jones v. Chandler, 592 So.2d 966 (Miss. 1991).
NATURE OF THE CASE: This was a dispute over jurisdiction related to paternity.
FACTS: Velma was an adult resident of Mississippi and attended Jackson State University during the 1977-1978 academic year. While at Jackson State she met Carl and dated him for 7-8 months. Velma gave birth to a son, Desmond, in 1978.
Carl denied paternity and refused to support Desmond. Velma filed a paternity lawsuit against Carl demanding support and maintenance. The deputy sheriff of Shelby County, Tennessee personally served Carl in Memphis, Tennessee. Carl denied that he was amenable to personal jurisdiction in Mississippi and the court denied the jurisdiction challenge. The court entered judgment in favor of Velma and ordered Carl to pay support and maintenance. Carl appealed.
ISSUE: Is a party subject to personal jurisdiction in the location in which he fathered a child?
RULE OF LAW: Yes. A party is subject to personal jurisdiction in the location in which he fathered a child.
HOLDING AND DECISION (En Banc): The court held that both resident and nonresident persons who by their conduct in, or effects upon, this state, acquire enforceable duties toward the state’s citizens, upon whom the law confers correlative and corresponding rights. The word tortious is not limited to the technical definition of a tort. The term includes any act committed in this state which involves a breach of duty to another and makes one committing the act liable to the other party in damages.
DISPOSITION: Affirmed.
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