Leaird v. Moore
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge. This was an action under the Code on a promissory noto for |210, executed by the defendant, Lewis J. Leaird, and payable to William Smitha, or bearer.
Read the full summary
Appeal from the Circuit Court of Barbour. The record does not show the name of the presiding judge. This was an action under the Code on a promissory noto for |210, executed by the defendant, Lewis J. Leaird, and payable to William Smitha, or bearer. The original complaint was in the name oí J. C. Wellborn as plaintiff, and it was averred that the noto was his property ; but at the Spring term, 1854, after the cause had been pending one year, his death was suggested, and Mary A. Wellborn, as his executrix, was made a party plaintiff: and at the same term another order was made in the cause,…
1Opinion of the CourtGoljdthwaite, J.
By tlie Code (section 2403) the
courts are required to permit the complaint to be amended, “ by striking out or adding new parties plaintiff, or by striking out or adding new parties defendant, upon such terms and conditions as the justice of the case may require.'” The only question is, whether, under this section, the sole plaintiff can be struck from the record, and another person substituted in his place. Judging from its language, we think the object of the statute Ayas, to cure defects arising from a nonjoinder or misjoinder, without turning the case out of court. The words do not…
2Cited by30 opinions
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Plunkett v. DendySupreme Court of Alabama · 1916
25 more not listed; retrieve them via the Exa API.