Noble v. Terrell

Citations

• 64 Miss. 830

Syllabus

<p>1. Pleading- and PRACTICE. Petition to enforce lumber lien. Amendment by inserting count in assumpsit.</p> <p>Under $ 1581, Code of 1880, which provides that “The court shall have full power and authority to allow all amendments to be made in any pleading or proceeding at any time before verdict, so as to bring the merits of the controversy between the parties fairly to trial, and may allow all errors in the form of the action to be corrected,” a petition to enforce the statutory lien for lumber furnished may be amended at the trial by having inserted therein a count in assumpsit for a part of the demand contained in the petition, but for which no lien is claimed, the entire demand being for lumber furnished under one contract.</p> <p>2. Same. Petition to enforce l-ien. Failure to object to form of cured by verdict.</p> <p>And where, in such case, no objection was made to the form of the petition or complaint before verdict, none can be afterward made, because of $ 1727 of the Code of 1880, which provides that, “ No judgment shall be stayed or reversed, after verdict, from any mispleading or any insufficient pleading; or for any mistake or misconception of the form of the action; or for any defect of form in the declaration or pleading.”</p>