McCleary v. Anthony
Mississippi Supreme Court
Error to the Circuit ’Court of Marshall County. 1-Ion. J. W. C. Watson, Judge. 1. The amendment of the bill of particulars, making a new suit whereby the sureties’ liability was increased, was not admissible after appeal. 16 M. & W. 778; 3 McLean, 289; 3 Duer (N. Y.), 691; 17 Wend. 20 ; 9 Pet. 541; 5 Ark. 197 ; 6 Ohio, 305 j 50 Miss. 498. Code 1871, §§ 621,1305,1333,1334. 2. It is essential that the plaintiff should be the owner of the land, in order to sue for the statutory…
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Error to the Circuit ’Court of Marshall County. 1-Ion. J. W. C. Watson, Judge. 1. The amendment of the bill of particulars, making a new suit whereby the sureties’ liability was increased, was not admissible after appeal. 16 M. & W. 778; 3 McLean, 289; 3 Duer (N. Y.), 691; 17 Wend. 20 ; 9 Pet. 541; 5 Ark. 197 ; 6 Ohio, 305 j 50 Miss. 498. Code 1871, §§ 621,1305,1333,1334. 2. It is essential that the plaintiff should be the owner of the land, in order to sue for the statutory penalty for cutting trees thereon. Code 1871, § 2473. That is, he must have title. 2 Bouvier Law Die. 268. Mere…
1Opinion of the CourtChalmers, J.
The suit was in trespass for the recovery of the statutory penalty for cutting trees. The itemized bill of particulars filed in the Justice’s Court embraced only three trees. In the Circuit Court, the plaintiff was allowed to amend the bill of particulars by adding two trees. The action of the court in permitting this amendment is assigned for error. In a court of original jurisdiction, we think such an amendment admissible under § 621 of Code. We think also that it was admissible in this case, because it was the plaintiff in the Justice’s Court who had appealed; and the rights of other…
2Cases cited3 opinions
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- Perkins v. HacklemanMississippi Supreme Court · 1853
- Ware v. CollinsMississippi Supreme Court · 1858
3Cited by12 opinions
- Davenport v. NewtonSupreme Court of Vermont · 1898
- Seward v. WestMississippi Supreme Court · 1933
- Keirn v. WarfieldMississippi Supreme Court · 1883
- Planters' Package Co. v. ParsonsMississippi Supreme Court · 1929
- Higdon v. KennemerSupreme Court of Alabama · 1895
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