Reid v. Gregory

Decided October 15, 1900

Mississippi Supreme Court · decided 1900-10-15

From the circuit court of Warren county. Hon. William K. McLaurin, Judge. Gregory, the appellee, was the plaintiff in the court below; Reid, the appellant, and one Gray and wife were defendants there. The suit was to enforce a mechanic’s lien.

Relies on Green v. Chandler

Good law ✅— No negative treatment on recordhow we know

Decided 1900-10-15

How this case has been cited

Cited by 3 later decisions — most recently October 1953

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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W hitfield, C. J.,

¶1delivered the opinion of the court.

¶2There is no allegation in the petition that the lien of appellee was superior to the lien of appellant. .The prayer cannot be looked to, to sustain-a judgment by default, on the allegations of the petition. Such petition, not its prayer, is the basis of the claim, and a judgment by default must be confined to establishing the facts alleged in the petition. The judgment by default here-is not within any issue made by the pleadings, and is erroneous for that reason. Green v. Chandler, 54 Cal. 626, and Keller v. Association, 71 Mo. App., 465, cited by counsel for appellant, directly sustain this proposition, as do also Delahay v. Goldie, 17 Kan., 264; Short v. Nooner, 16 Kan., 227; and Dano v. Railroad Co., 27 Ark., 569.

¶3Reversed and remanded.