Hanserd v. Gray
Mississippi Supreme Court
Appeal from the chancery court of Be Soto county. Vakob, J. The facts of this case are clearly and fully shown by the arguments of counsel and the opinion of the court. The agreed record in this case, which will be found on file and which is very short, will be taken as the abstract of both parties.
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Appeal from the chancery court of Be Soto county. Vakob, J. The facts of this case are clearly and fully shown by the arguments of counsel and the opinion of the court. The agreed record in this case, which will be found on file and which is very short, will be taken as the abstract of both parties. From this it will be perceived that this is a very ancient and protracted litigation, and that, after it had been definitively settled, as was supposed, and the rights of all parties finally adjudicated, defendant Gray was allowed, by the court below, to file an amended answer by which he set up…
1Opinion of the Court
SlMEALL, J.:
The only point arising on the agreed record is, whether *79tbe chancery court erred in permitting Gray, the defendant, to amend his answer. It is necessary to the ends of justice that the disputes and differences which are referred to the courts for settlement should be presented on their merits. It is, therefore, enjoined by the Code, and allowed in the practice of the courts,.that amendments should be made on the most liberal terms; not, however, so as to encourage delay, laches or negligence. The subject rests in the sound discretion of the court, and is not the subject ordinarily…
2Cases cited1 opinion
- Smyth v. BurnsMississippi Supreme Court · 1853
3Cited by10 opinions
- Haines v. HainesMississippi Supreme Court · 1910
- Penny v. HolbergMississippi Supreme Court · 1876
- Middleton v. DavisMississippi Supreme Court · 1913
- Taylor v. WrightMississippi Supreme Court · 1877
- Vicksburg Water Works Co. v. Mayor of VicksburgMississippi Supreme Court · 1910
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