Osborne v. Vince

The issue is whether the chancery court erred in permitting complainants to amend their bill of complaint fifteen years after it had been filed and there had been no intervening prosecution by them of their suit. We think this was manifest error, and hold that defendant’s motion to dismiss for want of prosecution should have been sustained.

On May 2, 1945, appellee Ollie Vince filed a bill of complaint in the Chancery Court of Walthall County against Ed W. Dawson, address unknown, and W. B. Osborne, San Antonio, Texas. The bill was wholly insufficient to charge a cause of action. Prom the…