1 Miss. Dec. 210
Decided May 3, 1886
Mississippi Supreme Court · decided 1886-05-03
Appellee, E. L. Harris, filed tbe bill in this case against appellants in the Chancery Court of Tunica county, on February 21, 1886; summons was issued for the defendant March 31, 1886, returnable to rules on the first Monday in April, 1886, and duly served on defendants. Defendants did not answer the bill until the 19th day of May, 1886. The bill was filed to foreclose a mortgage given by defendants to complainant.
Affirmed, · Decided 1886-05-03
¶1Opinion.
¶2The answer of appellants was filed out of time, and it was subject on that account to be stricken from the file on motion.
¶3If it had been so stricken out, leave should have been granted, on proper showing, to have refiled the answer upon reasonable terms.
¶4In effect this is what was done, and as it does not appear that any injustice was occasioned by the action of the court, the decree of the chancellor is
¶5Affirmed.