The comet. [volume] (Jackson, Miss.) 1877-1882, 1880-05-08
SUPREME COURT DECISIONS
.cu.rrrd weekly by y. w. Jenkins
attorney az Law.
APRIL TERM, 1850.

II, III. ALLEN, ct al,
VS..
N. E. SANDIFER, ct al.
Error to the Circuit Court Of homes
county, Hon. VIM. Cothran, Judge.
R.H. Allen sued out a writ OF seizure 10
rocoyer n note due for rent, and made San
differ party defendant, claiming an inter-
est in the cotton sought to be subjected 10
the lien for rent. Sandifcr appeared III the
Circuit Court on the return day OF the VIII
and filed a statement of her claim, ana tooh
issue therein, but Allen failed TO ME
statement of his claim, as required by thc
act of 1876. The ease was not tried NJ tlal
term, and at subsequent term oil inc oon'
Sandifer moved the Court for Judgment, De-
cause of the failure of the plaintlli 10 ME
his said statement. Thercupon the latter
asked leave to file statement of his claim,
as required by the statute, which appiica-
ton was denied and the motion of Sandiier
sustained. This action of the Court is as
signed as error.
]. b. III. Hemingway for plaintih Ill
error. j. ". jenkins for defendants III
error.
CAMPBELL, j.,
Held
l. The refusal of the Court to permit
the plaintiff to file statement OF ms claim,
when the motion was made by ueiehuah,
for Judgment, because the plaintlH nag
failed to file Il written statement OF Ms
claim was based on the language OF sec.
of san act to provide for agricultural liens
and for other purposes" approved apr,
IA. 1876. That language is, :" That on on
before the return day of such writ in me
Circuit Court, the plaintiff shall file with
the papers in such case, a statement settine
forth in full his claim and the defendan,
or defendants shall, in like manner, ME Q
statement of his or their defense or clam
when such suit shall be considered at Is
sue" etc.
o The next section directs that the Cour'
'shall allow all amendments OF Ihe pro.
ceedingS necessary to full development
and settlement of the rights of the diner
ent parties" etc.
3. 1t was erroneous for the Court to gram
the motion of defendant for judgment. IL
was following the letter, in disregard OF inc
shirt of the statute, and in fOrgetiulness o.
the important truth, that "tha letter XIII
eth, but the spirit giveth life"
A. The spirit of modern and enlightened
jurisprudence is to administer justice. he
eard is had for matters of substance rather
than form in judicial proceedings.
5. The amendment should have been al
lowed. 1t would have done no harm. l.
operated no surprise to the defendants
They had responded to the affidavit ofplaln
tiff. and concluded to the country, thus
treating the issue as formed. A statement
of plaintiff S claim was necessary, because
REQUIRED by the statute, but it was compe
tent for the defendants to waive compliance
with this requirement, and they had yirtu
ally done this by answering the affidavit
and appealing to the country.
6. The Circuit Judge had the right t
consider the situation, and to order al
amendments necessary to bring the merit
of the controversy between the parties
fairly to trial, and it was his duty toperm
the filing of the statement of the plalntiif'
claim.
Reversed and remanded, with leave t.
plaintiff to file the statement of his claim
and for the defendants to file Il statement
their claim or defense.