Clark v. Duke
Mississippi Supreme Court
Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge, did not preside at the trial of this ease, but W. L. Clayton acted as judge pro hae vice.
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Appeal from the Circuit Court of Lee County. Hon. J. A. Green, Judge, did not preside at the trial of this ease, but W. L. Clayton acted as judge pro hae vice. After the reversal of the judgment in favor of the defendants in ejectment, the widow and heirs of Duncan Clark, upon their joint plea of “ not guilt}' ” (58 Miss. 465), the widow moved for leave to substitute the plea that she never had possession ; but, notwithstanding evidence that her joinder in the former plea was unauthorized and that the latter plea was true, the court refused her leave to so change her defence. At the trial…
1Opinion of the CourtCampbell, C. J.
• The Circuit Court was justifiable in refusing to permit Mrs. Clark to change her defence, by a denial that she was in possession of the land at the commencement of the action as to her. That would have changed the issue to be tried, and her application should have been made sooner. If her application had been to yield to the demand of the plaintiffs, and make no further defence, the complaint of her counsel that she was denied the privilege of freeing herself from further cost would have been just, but this was not the application she made.
The deeds from W. A. Anderson were filed for record…
2Cases cited1 opinion
- Duke v. ClarkMississippi Supreme Court · 1880
3Cited by8 opinions
- Cresswell v. CresswellMississippi Supreme Court · 1932
- Roberts v. WilliamsDistrict Court, N.D. Mississippi · 1969
- Johnson v. Mississippi Power Co.Mississippi Supreme Court · 1940
- Welch v. Kroger Grocery Co.Mississippi Supreme Court · 1937
- Jackson v. SchwartzMississippi Supreme Court · 1970
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