Middleton v. Davis
Mississippi Supreme Court
Appeal from the chancery conrt of Hinds county. HoN. G-. Gr. Lyell, Chancellor. Bill in chancery by B. J. & H. B. Davis against E. S. Middleton, sheriff, as administrator of the estate of Lu-cina G-. Bellows, deceased. From order of the court refusing to permit the filing of an amended answer and cross-hill, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery conrt of Hinds county. HoN. G-. Gr. Lyell, Chancellor. Bill in chancery by B. J. & H. B. Davis against E. S. Middleton, sheriff, as administrator of the estate of Lu-cina G-. Bellows, deceased. From order of the court refusing to permit the filing of an amended answer and cross-hill, defendant appeals. The facts are fully stated in the opinion of the court. It would be an outrageous situation if this court could not consider the whole case regardless of previous proceedings. We have no patience with the doctrine that a court of last resort is bound forever by the law…
1Opinion of the CourtReed, J.
This case was before this court on a former appeal, the style of the case then being R. J. and H. B. Davis v. Lucina G. Bellows, and is reported in 99 Miss. 838, 56 South. 174. After the case was remanded, Mrs. Bellows died, and it was revived in the name of the administrator of her estate. The present appeal is from the action of the chancery court in refusing to permit the filing of .an amended answer and cross-bill, which it is claimed tendered new issues in the case, in addition to those already before the court. The following from the bill of exceptions states the reason why the…
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