Bramlett v. Adams
Mississippi Supreme Court
Bbom the circuit court of Lafayette county. Hon. William A. BoaNe, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; Bramlett and others, partners under the name of Bram-lett & Sons, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court.
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Bbom the circuit court of Lafayette county. Hon. William A. BoaNe, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; Bramlett and others, partners under the name of Bram-lett & Sons, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court. The state revenue agent sued appellants and attached their property to recover $1,500, one third for the state, one third for the county of Lafayette and balance for the town of Oxford, under Code 1906, § 1144, providing that any person who shall sell intoxicating liquors…
1Opinion of the Court
Mayes, J.,'
delivered the opinion of the court.
We have no doubt that the trial judge would have permitted the plea in question to be filed, had the question been presented to him, uninfluenced by the alleged oral agreement, as amendments are liberally allowed by statute. This being the case, we think the court should have disregarded any agreement not in writing, and allowed the filing of the plea as asked. The only safe rule for courts to be governed by is to require all agreements to be in writing.
The judgment is reversed and cause remanded.
Reversed and remanded.
2Cited by1 opinion
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