Nixon v. Dillard
Mississippi Supreme Court
From the circuit court of Pontotoc county. Hon. Newnan Cayce, Judge. In June, 1892, E. B. Nixon filed his declaration in assumpsit against Dillard & Johnson, to which defendants pleaded non assumpsit.
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From the circuit court of Pontotoc county. Hon. Newnan Cayce, Judge. In June, 1892, E. B. Nixon filed his declaration in assumpsit against Dillard & Johnson, to which defendants pleaded non assumpsit. At the July, 1893, term of the court plaintiff obtained leave of the court to amend his declaration, the order of the court being as follows: “This day came the plaintiff by attorney, and thereupon leave is granted him to amend his declaration by inserting, ‘Who -sues for the use of Clark, Hood & Co. ’ ’ ’ No amendment having been made in the meantime, at the July, 1895, term of the court, leave…
1DissentWhitfield, J.
The opinion of the court not only stands isolatedly upon the most barren of technicalities, but mistakes the record. The suit was originally in the name of Nixon alone. At the July term, 1893, leave was granted plaintiff to amend his declaration by suing in the name of E. B. Nixon ‘ ‘ for the use of Clark, Hood & Co.” But this leave was not acted on, and no amended declaration, conforming to this leave, was filed. At the June term, 1895 (some two years later), an amended dec*808laration was filed, not in conformity with the leave obtained two years before, by E. B. Nixon, as nominal plaintiff,…
2Cases cited3 opinions
- Thurlow v. MassachusettsSupreme Court of the United States · 1847
- Carter v. Preston & StetsonMississippi Supreme Court · 1875
- Kingkendall v. PerryMississippi Supreme Court · 1852