Barnes v. Barnes
Mississippi Supreme Court
Appeal from the circuit court of Pontotoc county. Hon. Claud Clayton, Judge. Suit hy J. F. Barnes as administrator de bonis non, against Amanda Barnes. * From an order denying leave to amend, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Pontotoc county. Hon. Claud Clayton, Judge. Suit hy J. F. Barnes as administrator de bonis non, against Amanda Barnes. * From an order denying leave to amend, plaintiff appeals. The facts are fully stated in the opinion of the court. There was error in the action of the court in sustaining appellee’s objection to the reading of the note to the jury, and in refusing to allow appellant to amend his suit so as to sue for the value of the mare, and in giving a peremptory instruction for appéllee. The words “as administrator” added to the name of the payee of a…
1Opinion of the CourtCook, J.
Appellant was administrator de bonis non of the estate of Abigail Barnes, deceased. The former administrator had sold a horse, belonging to the estate, to appellee. The note representing the agreed price of the horse was taken payable to the administrator individually. When this note was offered in evidence, *275defendant objected, because it was alleged that the sale of the horse by administrator was void. This objection was sustained by the court. Plaintiff asked leave to amend the-cause of action so as to sue for the value of the horse. Defendant’s objection to this amendment was sustained. We…
2Cases cited4 opinions
- Duff v. SniderMississippi Supreme Court · 1876
- Martin v. TarverMississippi Supreme Court · 1871
- Bohannon v. FultonMississippi Supreme Court · 1856
- Noble v. TerrellMississippi Supreme Court · 1887