Pfeifer v. Chamberlain

Citations

• 52 Miss. 89

Syllabus

<p>1. Circuit Court Practice: Partnership. Pleadings.</p> <p>Suit was brought by P. against Y. and C., as partners. Both pleaded the general issue. C. afterward filed a special plea, under oath, denying the partnership. A motion was made to strike out this plea because it was filed without leave of the court. Held, that it is too iate to raise the question for the first time in this court that the plea was filed without leave of the court; the point should have been raised in the court below, when the court could have granted the leave nunc pro tunc, the motion sustained, and the plea be refiled bjr leave of the court.</p> <p>:2. Same : Same : Evidence of partnership.</p> <p>The evidence adduced to prove a partnership between parties in business or trade are questions of fact to be passed upon by the jury, under the instructions of the court, and where the questions are fairly presented to the jury upon conflicting testimony, and by them determined, this court will not disturb their verdict.</p>