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96 Miss. 61

Bramlett v. Adams

Mississippi Supreme Court

Decided October 15, 1909

Mississippi Supreme Court · decided 1909-10-15

Bbom the circuit court of Lafayette county. Hon. William A. BoaNe, Judge. Adams, state revenue agent, appellee, was plaintiff in the court below; Bramlett and others, partners under the name of Bram-lett & Sons, appellants, were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court.

Cited by 2 later decisions — most recently March 1958

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1909-10-15

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Mayes, J.,'

¶1delivered the opinion of the court.

¶2We have no doubt that the trial judge would have permitted the plea in question to be filed, had the question been presented to him, uninfluenced by the alleged oral agreement, as amendments are liberally allowed by statute. This being the case, we think the court should have disregarded any agreement not in writing, and allowed the filing of the plea as asked. The only safe rule for courts to be governed by is to require all agreements to be in writing.

¶3The judgment is reversed and cause remanded.

¶4Reversed and remanded.

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