Mississippi Law Journal, Vol. 8

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Excerpt from Mississippi Law Journal, Vol. 8: February, 1936These sections are set out in full in the body of the opinion and precisely the same as sections 514 and 515 of the Code of 1930.The court, in its discussion, makes clear these points: (1) 'the mls-joinder of either a party plaintiff or defendant cannot be raised by demurrer, (2) if raised by plea, as the statute requires, the court then has the power to allow all necessary amendments, (2) that the exercise of this power enables the court to bring the cause to' trial between the parties with expedition. This opinion brings, clearly before us the intent and purpose of the legislature in abolishing, through these statutes, the common law rule of procedure in such cases.It is true the court says, and if it is raised by plea, which implies it might be raised in some other manner, but the answer to this is, that if the plea with notice is not filed before trial, and the non joinder or mis-joinder is brought to light on the introduction of the evidence, the defendant then may raise the question by a motion to non-suit the plaintiff, which would, under the common law rule, shut off all right to amend, and the case would be dismissed if the motion was sustained.About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.