Mississippi Central Railroad v. Maples
Mississippi Supreme Court
Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by J. J. Maples against the Mississippi Central Railroad Company, and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in permitting an amendment substituting the name of J. J. Maples as plaintiff for that of Mrs. J. J. Maples, plaintiff, after the close of all the evidence.
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Appeal from the circuit court of Lincoln county. Hon. D. M. Miller, Judge. Suit by J. J. Maples against the Mississippi Central Railroad Company, and others. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The court erred in permitting an amendment substituting the name of J. J. Maples as plaintiff for that of Mrs. J. J. Maples, plaintiff, after the close of all the evidence. During the progress of the trial in the circuit court, the testimony developed that suit had been brought by the wrong party, whereupon, on motion of appellee and…
1Opinion of the CourtCook, J.
Mrs. J. J. Maples filed suit in the justice of the peace court against the New Orleans Great Northern Railroad Company, the Mississippi Central Railroad Company, and the Illinois Central Railroad Company for damages for an alleged breach of a contract of carriage of freight. Before the trial in the justice court the suit was dismissed as to the last-named company. The trial resulted in a judgment against the New Orleans Great Northern Company and was dismissed as to the Mississippi Central Company. The New Orleans Great Northern Company appealed to the circuit court, and the plaintiff also…
2Cases cited2 opinions
- Denton v. StephensMississippi Supreme Court · 1856
- Jones v. R. L. Clemmer & SonMississippi Supreme Court · 1910
3Cited by4 opinions
- American Ry. Express Co. v. RobyMississippi Supreme Court · 1922
- Curry v. CreditMississippi Supreme Court · 1937
- Anglo California Naional Bank v. StaffordCalifornia Court of Appeal · 1938
- James v. Grenada Motor Co.Mississippi Supreme Court · 1934