The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1880-08-25


" C. D. and E. F., citizens of --. def
dants, or in the body of the bill 1866
Petitions may be addressed in the saI
l. manner as bills" 1867.
The form here prescribed is mark ed i
provement on that given in the Code of 1877
EXHIBITS PART OF BILL
Exhibits filed with bill as part Of
shall be considered as if copied in it on d
murrer."
? Section 1869. This section changes Il
. established rule, by which an exhibit can n
be looked to, either in support of or against
demurrer, although it may be filed with ar
referred to as part of the bill and it Is vel
proper that the change is made, for in man
cases. the whole merits of the contro versy ca
be disposed of as matter of law upon demu
rer, if the effect of the exhibits can be con
sidered, thus saving the trouble. expense an
delay OF answering, taking testimony and 20
ing to final hearing of the facts.
SWORN ANSWER, UNLESS WAIVED.
THE answer shall be sworn to by the defen
dant, unless the complainant in his bill. shall
waive an answer under oath, in which case tn
answer, whether sworn to or not shall not b
evidence for the respondent 1874.
AMENDMENTS
The complainant may amend his bill as o
course, without applying to the court at any
| time before the defendant has made defence
upon complainant paving the costs of fun nj b
/ ing copy of the amendment to such of III,
defendants "a have taken out copies of the
original BILL and of notice of such amendment
/ to he served on all of the defendants.
In all other cases the com plainant can amend
his bill only by leave of the court or the chan
cellor III vacation, and upon such terms a the
court or chancellor may impose" Z 1882.
DEFENDANT TO ANSWER AMENDMENT.
when bill is amended after answer filed,
and an answer to the amendment is necessary,
the defendant shall be allowed twenty DAYS
after notice of the amen 1ment. To answer. fail
ing in which the matter OF the amendment
may be taken as confessed and if the defend e.
ant or his solicitor is present in court, when
An amendment is made, other notice shall
be required 1888.
HOW AMENDMENTS MADE.
Amendments of bills and answers shall be
made on paper, distinct from the bill or
answer, except where the amendment is of a
BRIEF character, when it may be made by
erasure or iuterlineatiOn with ink of differ
ent color from that in which the bill or answer
Is written and the amendment shall be made
in such a manner that il may be ascertained
with certainty in what it consists 1884.
NEW PARTIES
ties to his bill may file his amended bill for
that purpose in the clerks office, in vacation
without leave of the court or chancellor; and
therenP0n the clerk shall issue process upon
such bill in like manner is if it was an orig
inal bill. Z 1885
MULTIFARIOUSNEsS.
''The uniting in one bill of several distinc t
aud uhcOnnected matters of equity against
the same defendants, shall not be an objection
to the bill Z 1886.
''If a demurrer for multifariousness shall
be sustained the court may authorize amend
ments by directing separate bills to he filed
without new process, as 10 the parties before
The court, and by the addition of new parties, |
Or otherwise, as may BE- necessary or proper
for the attainment of Justice" 1887.
msJoINDER.
''No objection for misjoinder of parties shall |
re taken at the bearing but the COURT shall |
lecree upon the merits without regard to such /
Z 1883.
WHEN DEFENDANT SHALL PLEAD.
Z 1921, Code 1871, is amended by striking |
)ut the words 'of publication" also that pOr-
ion of the section requiring an affidavit on
notion to set aside pro confesso. 1885,
ADDITIONAL TINE.
To 1922, Code 1871, add: but an answer
nay be rec uired to be filed during the same
er1E and should be where the plea or demur-
er is merely tor delay Z 1890.
GUARDIAN AID LITEM.
The court may appoint guardian I'D iteoi
. any infant OF insane defendant; and shall
How him suitable compensation payable out
f the estate of such party, but such appoint
ncnt shall not be made, except when the caurt
hall consider it necessary for the protection |
f the interest of such defendant; and no de- |
rec or judgment of any court in this state shall |
e void or erroneous, because of the failure TO
ave guardian ad Item" 1894.
It is to be hoped that this will make the
uardan ad htsm a real, and not an imaginary
srty The provision that no judgment or de-
rec shall lie ipvalidated by reason of the fail
re TO appoint guatI.ien ad lteR' removes
ruitful source of error. There IL no reason
Fhy Tie appointment of such guardian
hould not seFza useful and proper purpose.
1t is the duty of guatd;ap ad Item to
lively represent and protect the interests Of
he minor. and not merely TO put in formal
nswer and allow the opposing party to take
ny steps he may see proper, no matter how
Illegal.
BILL OF REVIEW.