Bramlett v. Adams

Mississippi Supreme Court

Bramlett v. Adams

50 So. 489, 96 Miss. 61

CourtMississippi Supreme Court

DecidedOctober 15, 1909

StatusPublished

Cited by1 cases

This text of 50 So. 489 (Bramlett v. Adams) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bramlett v. Adams, 50 So. 489, 96 Miss. 61 (Mich. 1909).

Pincite

Opinion

Mayes, J.,'

delivered the opinion of the court.

We 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.

The judgment is reversed and cause remanded.

Reversed and remanded.

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Mayes, J.,'

delivered the opinion of the court.

We 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.

The judgment is reversed and cause remanded.

Reversed and remanded.

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Bluebook (online)

50 So. 489, 96 Miss. 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bramlett-v-adams-miss-1909.

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