Shirley v. Conway

Citations

• 44 Miss. 434

Syllabus

<p>1. Ejectment — Judgment nil dicit when a plea. — It is error to take judgment, nil dicit whilst there is the plea of not guilty undisposed of.</p> <p>2. Same — Judgment when no plea. — If there be no plea, judgment that the plaintiff recover possession of the land shall he rendered.</p> <p>3. Judgment — Motion oe summary application aetee teem oe couet. — After the expiration of the term, the power of the court to open or set aside a judgment or final decree, on motion or other summary application, has expired. ' 13 S. & M., 155.</p> <p>4. Same — Motion to amend by the eecoed — Notice.—Under Rev. Code, 509, art. 186, if there be any papors in the cause by which the amendment may be made, mistakes in judgments or decrees maybe rectified, either by the court in term or by tho judge in vacation, not as a matter of course on the mistako being brought to the notice of the court or judges, but on condition that the party tobe affected has reasonable notice of the application to amend.</p>