McAdory v. Turner
Mississippi Supreme Court
Appeal from the Chancery Court of Winston County. Hon. L. Brame, Chancellor. Turner sued McAdory in an action of assumpsit, in Neshoba County. At the appearance term, McAdory’s attorney obtained leave of the court to plead within ninety days. The pleas were not filed within the time allowed, but were filed on the first day of the next term of the court. Upon motion of the plaintiff, by his attorney, the pleas were stricken from the file.
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Appeal from the Chancery Court of Winston County. Hon. L. Brame, Chancellor. Turner sued McAdory in an action of assumpsit, in Neshoba County. At the appearance term, McAdory’s attorney obtained leave of the court to plead within ninety days. The pleas were not filed within the time allowed, but were filed on the first day of the next term of the court. Upon motion of the plaintiff, by his attorney, the pleas were stricken from the file. Immediately thereupon, the defendant moved for leave to refile his pleas, and supported his motion by an affidavit of his attorney, stating that the pleas…
1Opinion of the CourtCampbell, J.
The remedy of appellant was to tender a bill of exceptions to the refusal of the Circuit Court to allow him to plead on the showing made, and to bring the case to this court, which, on the facts stated in the bill, would not hesitate to grant leave to plead to the action.
It is a mistake to suppose that Pool v. Hill, 44 Miss. 306, denies to the Circuit Court authority to allow a defendant to plead out of time, where a reasonable excuse is made for not having pleaded sooner, and when the court has control of the matter, as it has before judgment.
The error of the Circuit Court, as shown by the…
2Cases cited1 opinion
- Pool v. HillMississippi Supreme Court · 1870
3Cited by1 opinion
- Adams v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1899