Barnes v. Barnes

Decided March 15, 1915

Mississippi Supreme Court · decided 1915-03-15

Hon. Claud Clayton, Judge. Suit hy J. F. Barnes as administrator de bonis non, against Amanda Barnes. * From an order denying leave to amend, plaintiff appeals. The facts are fully stated in the opinion of the court. There was error in the action of the court in sustaining appellee’s objection to the reading of the note to the jury, and in refusing to allow appellant to amend his suit so as to sue for the value of the mare, and in giving a peremptory instruction for appéllee.

Relies on Duff v. Snider · Martin v. Tarver · Noble v. Terrell

Decided 1915-03-15

Cook, J.,

¶1delivered the opinion of the court.

¶2Appellant was administrator de bonis non of the estate of Abigail Barnes, deceased. The former administrator had sold a horse, belonging to the estate, to appellee. The note representing the agreed price of the horse was taken payable to the administrator individually. When this note was offered in evidence, *275defendant objected, because it was alleged that the sale of the horse by administrator was void. This objection was sustained by the court. Plaintiff asked leave to amend the-cause of action so as to sue for the value of the horse. Defendant’s objection to this amendment was sustained. We think the amendment should have been allowed. Bohannon v. Fulton, 31 Miss. 348; Martin v. Tarver, 43 Miss. 517; Duff v. Snider, 54 Miss. 245; Noble v. Terrell, 64 Miss. 830, 2 So. 14.

¶3Reversed and remanded.