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85 Miss. 493

Rootes v. Thomas

Mississippi Supreme Court

Decided November 15, 1904

Mississippi Supreme Court · decided 1904-11-15

From the chancery court of, second district,, Tallahatchie county. Hon. Julian O. Wilson, Chancellor. Mrs. Thomas, the appellee, was the complainant in the court below; Bootes, the appellant, was defendant there. From a decree in favor of the complainant the defendant appealed to the supreme court. Mrs. Thomas, then Mrs. McDowell, a young widow, promised to marry Mr. Bootes, but without giving him notice changed her mind and married one Penn Thomas.

Decided 1904-11-15

Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2It was manifest error not to allow the amendment of the jurat, if it should be conceded that it needed amendment.

¶3The decree pro confesso is set aside; the cause is reversed and remanded, to be proceeded with in accordance with this opinion.

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