Weathersby v. Sinclair
Mississippi Supreme Court
Error to the circuit court of Lawrence county. McNair, J. The following errors were assigned by the plaintiff in error: 1st. The court erred in allowing the substitution of the petition of the defendant in error to inforce the mechanics’ lien, in lieu of his declaration in assumpsit. 2d. The court erred in its rulings on the demurrer of defendants — minors. 3d. The court erred in overruling the demurrer of Mrs. Weathersby to the petition. 4th.
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Error to the circuit court of Lawrence county. McNair, J. The following errors were assigned by the plaintiff in error: 1st. The court erred in allowing the substitution of the petition of the defendant in error to inforce the mechanics’ lien, in lieu of his declaration in assumpsit. 2d. The court erred in its rulings on the demurrer of defendants — minors. 3d. The court erred in overruling the demurrer of Mrs. Weathersby to the petition. 4th. The court erred in rendering judgment against the administrator for $550. 5th. The court erred in rendering a money judgment against all the…
1Opinion of the Court
Simrall, J. :
The record presents this case:
H. Sinclair brought a suit in the form of assumpsit to the May term, 1864, of the Lawrence county circuit court, against Elmyra Weathersby, to recover a sum claimed for building a house, and furnishing materials, in part, therefor. To the same term the defendant pleaded: 1. JSfon assumpsit. 2. That the work was badly done.
At May term, 1866, on motion of plaintiff, he was allowed to change the form of the action from assumpsit, to a proceeding to enforce the mechanic’s lien, and also to make new parties defendants. Accordingly H. Sinclair substituted…
2Cited by4 opinions
- Tully v. HerrinMississippi Supreme Court · 1870
- In re PurvisDistrict Court, S.D. Mississippi · 1923
- Sharpe v. SpenglerMississippi Supreme Court · 1873
- Wood Co. v. Wil. Conf. AcademySuperior Court of Delaware · 1878