Solomon v. City Compress Co.
Mississippi Supreme Court
From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion states the facts. Filed a very lengthy brief, which made, among other points, the following: It was error to allow plaintiff to amend by dismissing as to defendant "Wolfe. In the original and first amended declaration, Solomon is charged with owning the entire rent as a partner of Wolfe, and as assignee of a half-interest in the unexpired term.
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From the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. The opinion states the facts. Filed a very lengthy brief, which made, among other points, the following: It was error to allow plaintiff to amend by dismissing as to defendant "Wolfe. In the original and first amended declaration, Solomon is charged with owning the entire rent as a partner of Wolfe, and as assignee of a half-interest in the unexpired term. In the second amended declaration he is charged with liability for the other half of the rent in his individual capacity, and not as a partner. This was not amending,…
1Opinion of the CourtCooper, J.
The appellee commenced this suit against appellant and one Ered Wolfe to recover certain rents reserved in a lease from L. A. Bagsdale to Wolfe, of date August 5, 1881, for a term of ten years.
The declaration consisted of a single count, by which it was averred that Bagsdale leased certain lands to Wolfe, by writing, for the term of ten years; that the plaintiff’ had become the assignee of the reversion, and of the rent due under the lease; and that Solomon was assignee, under Wolfe, of the undivided one-half interest in the term, whereby the defendants were liable to the plaintiff for the…
2Cases cited3 opinions
- Miller v. Northern Bank of MississippiMississippi Supreme Court · 1857
- Conner v. SwainMississippi Supreme Court · 1856
- Holloway v. ArmstrongMississippi Supreme Court · 1855
3Cited by6 opinions
- Mallett v. StateMississippi Supreme Court · 1992
- Jones v. StateMississippi Supreme Court · 1913
- Williams v. City of GulfportMississippi Supreme Court · 1932
- Jackson v. LeggettMississippi Supreme Court · 1939
- Logan v. City of ClarksdaleMississippi Supreme Court · 1961
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