Spratley v. Kitchens

Citations

• 55 Miss. 578

Syllabus

<p>1. Amendments. Writs. Section 71% of the code of 1871.</p> <p>Any writ issued without a seal upon it is amendable, under section 712 of the Code of 1871, which provides that'“if any’matter required to be inserted in,' or indorsed upon, any process shall be omitted, such process shall not on that account be held void, but may be set aside as irregular, or amended on such terms as the court may think proper; and such amendmentmay be made upon any application to set aside or quash the writ.”</p> <p>2. Same. Motion to quash a writ. Cares defects.</p> <p>A motion to quash a writ, for any defect which is amendable, dispenses with the necessity to amend, for the reason that the writ has served its purpose in bringing the parties before the court.</p> <p>3. Consolidation oe ApnoNS. Practice. In replevin.</p> <p>It is error for a court to consolidate two actions of replevin where, although the parties are the same, the things in controversy are different, and the sureties on the two forthcoming bonds are different.</p> <p>4. Replevin. Verdict. Separate value of the things.</p> <p>In an action of replevin for the recovery of cattle, where a verdict is returned for the plaintiff which fails to find the separate values of the several cattle, the judgment will be reversed for a writ of inquiry to ascertain the values of the cattle separately, but the verdict will not be disturbed in other respects.</p>