Davis v. Davis
Mississippi Supreme Court
Appeal from the Chancery Court of Adams County. Hon. Watcken Cowan, Chancellor. After the bill of complaint herein had been answered and depositions *had been taken by both parties, the complainant, ~W. J. Davis, by leave of the court amended his bill in a material matter. Thereupon the defendant, H. L. Davis, made a motion “ for leave to plead, answer, or demur to complainant’s amended bill of complaint.”
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Appeal from the Chancery Court of Adams County. Hon. Watcken Cowan, Chancellor. After the bill of complaint herein had been answered and depositions *had been taken by both parties, the complainant, ~W. J. Davis, by leave of the court amended his bill in a material matter. Thereupon the defendant, H. L. Davis, made a motion “ for leave to plead, answer, or demur to complainant’s amended bill of complaint.” The court sustained this motion to the extent of'granting “the defendant leave to plead, answer, or demur responsive to said amendment to said bill of complaint only.” The defendant then…
1Opinion of the CourtArnold, J.
The court erred in restricting the right of the appellant to plead, answer, or demur to only a part of the amended bill and in refusing to allow him reasonable time to plead or answer to the amended bill. When the complainant amends- his bill in a material matter, as was done in this case, the defendant may plead, answer, or demur to the same as if it were an original bill, no matter what may have been the state of the pleadings before the amendment was made. 1 Dan. Ch. PL and Pr. (fifth ed.) 409; 1 Barb. Ch. Pr. 224 ; Bancroft v. Wardour, 2 Bro. C. C. 66; Bosanquet v. Marsham, 4 Sim. 573;…
2Cases cited2 opinions
- Trust & Fire Insurance v. JenkinsNew York Court of Chancery · 1841
- Richardson v. Richardson & WingNew York Court of Chancery · 1835
3Cited by4 opinions
- In re Broadway Savings Trust Co.Court of Appeals for the Eighth Circuit · 1907
- Peeples v. YatesMississippi Supreme Court · 1906
- Canton Cotton Warehouse Co. v. PottsMississippi Supreme Court · 1891
- Nelson v. EatonCourt of Appeals for the Eighth Circuit · 1895