Lisenby v. Capps
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Detinue by J. W. Capps against Monroe Lisenby. ' From a judgment for plaintiff, defendant appealed to the Court of Appeals, and the case was transferred to the Supreme Court. Transferred from .Court of Appeals under Acts 1911, p. 450, § 6. Plaintiff amended his complaint by adding count 2 in trover and count 3 in case, which amendment was allowed over the objection of defendant.
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Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Detinue by J. W. Capps against Monroe Lisenby. ' From a judgment for plaintiff, defendant appealed to the Court of Appeals, and the case was transferred to the Supreme Court. Transferred from .Court of Appeals under Acts 1911, p. 450, § 6. Plaintiff amended his complaint by adding count 2 in trover and count 3 in case, which amendment was allowed over the objection of defendant. The following charges were refused to defendant: (1) The court charges the jury that, if they believe the evidence in this cause, they must find for…
1Opinion of the Court
McOLELLAN, j.
[1, 2] Originally this action, brought by appellee against appellant, was in detinue in a justice’s court for the recovery of an ox. From that court the cause went to the circuit court. There the plaintiff was allowed to file additional counts, one in trover and one in ease. The amendment was objected to; the objection was overruled; and, latterly, the defendant set up the statute of limitations of one year as a bar to a recovery on the count in case. Under the statute the amendment was properly allowed, and, when allowed, related back to the denial of a premise for the…
2Cases cited2 opinions
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