Scharff v. Lisso
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. In 1885 L. & A. Scharff brought an action of assumpsit against Jules A. Lisso in the Circuit Court of Adams County. The declaration set out that Lisso & Sehrew, a firm doing business in Louisiana, and of which Jules A. Lisso was a member, accepted a draft drawn on them by L. & A. Scharff, payable in New Orleans four months after date, but that this draft was not paid.
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Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. In 1885 L. & A. Scharff brought an action of assumpsit against Jules A. Lisso in the Circuit Court of Adams County. The declaration set out that Lisso & Sehrew, a firm doing business in Louisiana, and of which Jules A. Lisso was a member, accepted a draft drawn on them by L. & A. Scharff, payable in New Orleans four months after date, but that this draft was not paid. To this the defendant Lisso interposed the plea of the statute of limitations. The plaintiffs replied that they obtained judgment on this same bill of…
1Opinion of the CourtCooper, C. J.
From the argument of counsel, both for the appellant and appellee, and from the fact that prominence is given in the bill of exceptions to the fact that plaintiff did not apply for leave to *216amend his replication until after a demurrer thereto had been filed, we infer that the court declined to permit the amendment of the replication to be made, on the ground that the court had no power to permit such an amendment to be made at that stage of the pleading.
The appellee relies upon the cases of Ross et al. v. Sims, 27 Miss. 359, and M. & C. R. R. Co. v. Orr, 52 Miss. 542, to support the…
2Cases cited1 opinion
- Ross, Strong & Co. v. SimsMississippi Supreme Court · 1854
3Cited by3 opinions
- Dewitt v. ThompsonMississippi Supreme Court · 1942
- Dunn Const. Co. v. BourneMississippi Supreme Court · 1935
- Ross v. Kansas City Southern Railway Co.Court of Appeals of Texas · 1904