McCullar & Co. v. Mink
Mississippi Supreme Court
Appeal from circuit court of Prentiss county. Hon. Claude Clayton, Judge. Suit hy McCullar & Co. against W. P. Mink, filed with a justice of the peace. Verdict for plaintiffs in part, and judgment thereon, and plaintiffs appealed to the circuit court, and from its judgment, dismissing the appeal,' plaintiffs appeal. Reversed and remanded.
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Appeal from circuit court of Prentiss county. Hon. Claude Clayton, Judge. Suit hy McCullar & Co. against W. P. Mink, filed with a justice of the peace. Verdict for plaintiffs in part, and judgment thereon, and plaintiffs appealed to the circuit court, and from its judgment, dismissing the appeal,' plaintiffs appeal. Reversed and remanded. Courts of law are organized, for the purpose of trying causes upon their merits, and only in exceptional cases should the trial court refuse to permit amendments of pleadings so as to bring the merits of a controversy to a fair conclusion. Greenwood Grocery…
1Opinion of the CourtEthridge, J.
McCullar & Co. filed a suit on an open account with the justice of the peace against the appellee for goods, wares, and merchandise, amounting to ninety-six dol*832lars and twenty-four cents balance. The affidavit to the account recited that—
“L. B. McCullar, of McCullar & Co., who, being duly sworn, says the account hereto attached for ninety-six dollars and twenty-four cents is correct as stated, and same is due from the party against whom it is charged, and that no part of it has been paid.”
The account does not show upon its face who constituted the firm of McCullar & Co.; but no point was made…
2Cases cited2 opinions
- Blackwell v. John Reid & Co.Mississippi Supreme Court · 1866
- Greenwood Grocery Co. v. BennettMississippi Supreme Court · 1912
3Cited by3 opinions
- Wax Lumber Co. v. NettervilleMississippi Supreme Court · 1958
- Wymond v. Gaude Service, Inc.Mississippi Supreme Court · 1934
- James v. Grenada Motor Co.Mississippi Supreme Court · 1934