Morton & Bliss v. New Orleans & Selma Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Selma, sitting in Equity. Heard before the Hon. W. C. "Ward, as special chancellor, selected by the parties on account of the disqualification of Hon. Jona. Haralson, the presiding judge of the court.
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Appeal from the City Court of Selma, sitting in Equity. Heard before the Hon. W. C. "Ward, as special chancellor, selected by the parties on account of the disqualification of Hon. Jona. Haralson, the presiding judge of the court. The original bill in this case was filed on the 10th October, 1877, by Richard M. Robertson, a judgment creditor of the New Orleans and Selma Railroad Company and Immigration Association, a private domestic corporation, which was alleged to be insolvent; against the said corporation, and against T. H. DuPuy and others, who were alleged to be in possession of the…
1Opinion of the CourtSomeryille, J.
There can be no doubt of the general rule, that the question of amendment, in every proper case, in a court of equity, is not limited by the discretion of the chancellor, but is a matter of legal right, so long as the proposed amendment does not work an entire change of the parties, or introduce a radical departure from the case made by the origi*605nal bill. Bat this rule can not be said to be so universal as to be absolutely without exception.
The statute provides, among other things, that “amendments to bills must be allowed, at any time before final decree, by striking out or adding new…
2Cases cited40 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Texas v. WhiteSupreme Court of the United States · 1869
- Murray v. LardnerSupreme Court of the United States · 1865
- Railroad Co. v. National BankSupreme Court of the United States · 1880
- Cromwell v. County of SacSupreme Court of the United States · 1878
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3Cited by36 opinions
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- McPherrin v. TittleSupreme Court of Oklahoma · 1913
- Snider v. BurksSupreme Court of Alabama · 1887
- Stein v. McGrathSupreme Court of Alabama · 1900
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
31 more not listed; retrieve them via the Exa API.