Board of Trustees v. Smith

Citations

• 58 Miss. 301

Syllabus

<p>1. Amendment. Of declaration. Changing character of defendants.</p> <p>In an action at law against certain individuals as agents, or a committee, or trustees of a certain Masonic lodge, it is proper for the court to allow the plaintiff to amend his declaration so as to charge the defendants in their true character as a corporation, where the original and amended declarations > would seek the same end — the subjection of certain property to the plaintiff’s demand.</p> <p>2. Same. Of declaration. Changing character of action.</p> <p>A proceeding to enforce a mechanic’s lien may be changed by amendment to a simple action of assumpsit. Duffv. Snider, 54 Miss. 245, cited.</p> <p>3. Corporation. Saving right to contract. Power to accept an order.</p> <p>Where a corporation has the right, under its charter, to make all contracts • necessary for the erection of a specified building, it has the power to accept for payment an order in favor of a material-man, drawn by the contractor for the erection of the building, and payable out of the money due the latter by the corporation.</p> <p>4. Same. Contract under its charter. Action thereon. Invalidity of charter pleaded. Where a corporation having the power to contract for the erection of a certain building has made the contract for such purpose, and received the benefit thereof by the erection of the building, it cannot avoid its liability, in an action for the money due upon such contract, by showing that the provision of its charter authorizing the erection of the building is invalid.</p> <p>5. Pleading. Defective declaration against a corporation. Practice. Demurrer extended bach.</p> <p>A declaration against a corporation founded on an order alleged to have been accepted by its treasurer should aver his power to accept the same in behalf of the corporation. But in case such averment is not made, and the defendant fails to demur for such defect, a demurrer filed by the plaintiff to the pleas of the defendant cannot be ext