Weathersby v. Sinclair

Citations

• 43 Miss. 189

Syllabus

<p>1. íleading and Amendments. — The object of pleading is to state in concise form, and by positive averment, the facts constituting a cause of action on the one side, and the grounds of defense on the other, and this altercation is to be continued till the parties arrive at a distinct issue, of law or fact, that shall fairly dispose of the suit upon its merits. And our statutes relating to pleadings and amendments have greatly enlarged the powers of the courts to facilitate this object.</p> <p>2. Same — Case in Judgment — Mechanics’ Lien. — A mechanic and material man who has commenced a personal action to recover for building a house and furnishing materials, may, after plea filed, change his form of action and substitute, in lien of his declaration in assumpsit, a proceeding in rem, to inforce a mechanic’s and material man’s lien.</p> <p>Quiere: If assumpsit were brought on a sealed instrument, could the court declino to permit the form of action to be changed to debt or covenant ?</p> <p>3. Mechanic’s and Material Man’s Lien. — The court reiterates the rule laid down in Buchanan v. Smith & Rarlisclalc,* at this term, that the statutes, securing a lien for the wages and price of materials for building, shall be liberally construed in favor of the mechanic — especially in view of the fact that the class of persons intended to bo benefittod are often unlettered.</p> <p>4. Correction of Errors in Suit tor Mechanic’s Lien. — A judgment upon proceedings to inforce a mechanic’s and material man’s lien, involving, as those proceedings often do by our statute, many interested and opposing parties — claims and counter claims — may be partly good, and partly erroneous. Eor example, the judgment may he good as a personal judgment, but erroneous in decreeing a sale of land. And in such cases the Suprome Court will not reverse the decision in toto, but only in so far as it shall appear to be erroneous.</p> <p>S. Power of Administbatob to Cbeate Lien on Real Estate — An admin