Wright v. Frank
Mississippi Supreme Court
Appeals from the Chancery Court of Bolivar County. Hon. W. G. Phelps, Chancellor. Godfrey Frank exhibited his bill against J. H. Wright and Jennie E. Brander on March 8, 1881, to enforce payment of certain notes given for land, May 13, 1873, by sale of the land on which they were an express lien by reservation in the deed of conveyance made by the complainant to the defendants. On January 23, 1882, J. PI.
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Appeals from the Chancery Court of Bolivar County. Hon. W. G. Phelps, Chancellor. Godfrey Frank exhibited his bill against J. H. Wright and Jennie E. Brander on March 8, 1881, to enforce payment of certain notes given for land, May 13, 1873, by sale of the land on which they were an express lien by reservation in the deed of conveyance made by the complainant to the defendants. On January 23, 1882, J. PI. Wright answered, averring payment of the notes in a manner stated by him. Leave was given November 17, 1882, to Godfrey Frank, to file an amended bill in thirty days. The amended bill of…
1Opinion of the CourtCampbell, C. J.
The amended bill introduced a new and different case from that made by the original bill, and sought relief based on a transaction occurring after the original bill was filed. It was therefore not maintainable, and the demurrers of Allen and Wright severally should have been sustained. It is not true that the parties affected by leave to amend were precluded from objecting to the amended bill because they did not except to the order granting leave to amend, or that they could not question the propriety of the amended bill by demurrer. After leave to amend, it was allowable to the defendants…
2Cases cited1 opinion
- Gilmer v. FelhourMississippi Supreme Court · 1871
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