Wailes v. Johnson
Mississippi Supreme Court
This was a motion made to modify the decree as to the defendants rendered in this court upon an appeal from the superior court of chancery. The case will be found reported in 2 Cushman, 208, Edward L. Whiles et al. v. D..M. Cooper et al., where all the facts may be found.
1Opinion of the CourtJustice Yerger
We do not think it necessary to decide, on this motion, whether we have the power to make the modification in the decree at the present time, or not. Certainly, such a modification should never be made so long after the decision of a'' case in this court, unless it be absolutely necessary in order to prevent injustice being done in the premises. We do not think this case occupies that attitude.
By the decree remanding the cause and directing a foreclosure of the mortgage in the chancery court, we did not intend to take away the power which belongs to the chancellor, of allowing amendments in…
2Cited by12 opinions
- Haines v. HainesMississippi Supreme Court · 1910
- Cotten v. McGeheeMississippi Supreme Court · 1877
- Middleton v. DavisMississippi Supreme Court · 1913
- Taylor v. WrightMississippi Supreme Court · 1877
- Harrell v. DuncanMississippi Supreme Court · 1991
7 more not listed; retrieve them via the Exa API.