Bowman v. McLaughlin
Mississippi Supreme Court
Error to the circuit court of Hinds county. Watts, J. The court erred in disregarding Bowman’s and H. Hilzheim’s two pleas and plaintiff’s demurrer thereto, all filed after erasure of the names of some of defendants from the petition, and forcing a trial without disposing of those pleas on the demurrer, or requiring defendants to refile their original answers, withdrawn by leave of the court.
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Error to the circuit court of Hinds county. Watts, J. The court erred in disregarding Bowman’s and H. Hilzheim’s two pleas and plaintiff’s demurrer thereto, all filed after erasure of the names of some of defendants from the petition, and forcing a trial without disposing of those pleas on the demurrer, or requiring defendants to refile their original answers, withdrawn by leave of the court. True, those pleas are not in the record, and we only know their contents by defendants’ answer to the petition to supply papers, and from an affidavit of Bowman, made when the pleas were filed. From…
1Opinion of the Court
Tabbell, J.:
The magnitude of the record, the local prominence of the property involved, and the complication of the controversy have invested this case with more than ordinary interest. Although the record is voluminous, and the proceedings somewhat peculiar, if not novel, familiarity with the facts *486have led us to the conclusion that the merits of this obstinately litigated contest are compressed within narrow limits. The first question to be determined is, had the court authority to restore the lost pleadings and proceedings %
That this suit was cojnmenced by petition to enforce a mechanic’s…
2Cases cited11 opinions
- Atwood v. WeltonSupreme Court of Connecticut · 1828
- Fullerton v. President of the Bank of the United StatesSupreme Court of the United States · 1828
- Winn v. PattersonSupreme Court of the United States · 1835
- Holt v. AllowayIndiana Supreme Court · 1827
- Lowry v. CadySupreme Court of Vermont · 1832
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Griffin v. LandMississippi Supreme Court · 1952
- Fort Smith Automobile & Supply Co. v. NedrySupreme Court of Arkansas · 1911
- Welch v. H. M. Smith & Co.Mississippi Supreme Court · 1888