Noble v. Terrell
Mississippi Supreme Court
Appeal from the Circuit Court of Bolivar County. HoN. J. H. WyNN, Judge. Terrell & Bond had sawed and delivered to W. H. Noble a certain quantity of lumber, for which he owed them on May 29, 1883, seven hundred and thirty-eight dollars and twenty-seven cents. They filed a petition in which they alleged that the most of the lumber referred to had been used in the construction of certain described houses, upon which they claimed a statutory lien.
Read the full summary
Appeal from the Circuit Court of Bolivar County. HoN. J. H. WyNN, Judge. Terrell & Bond had sawed and delivered to W. H. Noble a certain quantity of lumber, for which he owed them on May 29, 1883, seven hundred and thirty-eight dollars and twenty-seven cents. They filed a petition in which they alleged that the most of the lumber referred to had been used in the construction of certain described houses, upon which they claimed a statutory lien. The petition asked for the enforcement of the lien claimed and for general relief. On the trial, the evidence for the plaintiffs developed the fact…
1Opinion of the CourtArnold, J.
Under the statute there was no error in permitting the petition to be amended; but if it was not allowable, under the statute, to join with the petition to enforce the lien for a certain sum, a count in assumpsit for a certain other sum for which no lien was claimed, for lumber alleged to have been furnished under the same contract between the parties, the error of doing so is cured by the statute of jeofails, which provides, among other things, that no judgment shall be stayed or reversed, after verdict, for any mis-pleading or insufficient pleading, or for any mistake or misconception as to…
2Cited by3 opinions
- Williams & Williams v. WarrenMississippi Supreme Court · 1924
- Barnes v. BarnesMississippi Supreme Court · 1915
- Evans v. Central Service & Supply Co.Mississippi Supreme Court · 1969