Denton v. Stephens
Mississippi Supreme Court
Iif error from the Circuit Court of Calhoun county. Hon. William L. Harris, judge.
1Opinion of the CourtSmith, C. J.
The record in this case presents a question arising under the act to change the form of pleading in the Circuit Courts.
The suit was originally instituted in the name of Malley Fox, the nominal plaintiff; for the use of Wiley B. Woodward, against the defendants in error. At the return the defendants pleaded in abatement, that.Malley Fox was dead before the commencement of the suit. Woodward, the real plaintiff, confessed the plea, and upon motion was allowed by the court to amend his declaration by striking out the name of Fox, and inserting that of Samuel Den-ton, his administrator. Whereupon…
2Cited by9 opinions
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- Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
- Mississippi Central Railroad v. MaplesMississippi Supreme Court · 1914
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