Smith v. Tallassee Branch of Central Plank-Road Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the lion. JohN Gill Shorter., The defendant in this case was summoned “to answer the complaint of the President and Directors of the Tal-lassee Branch of the Central .Plank-Road Company,” and the plaintiff was so described in the original complaint.
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Appeal from the Circuit Court of Macon. Tried before the lion. JohN Gill Shorter., The defendant in this case was summoned “to answer the complaint of the President and Directors of the Tal-lassee Branch of the Central .Plank-Road Company,” and the plaintiff was so described in the original complaint. The complaint was afterwards amended, by leave of the court, so as to describe the plaintiff by the name of “The Tallassee Branch of the Central Plank-Road Company”; the defendant objecting to the amendment, and excepting to its allowance. The action was founded on the defendant’s subscription…
1Opinion of the CourtW Alker, J.
In Stodder v. Grant & Nickels, 28 Ala. 416; Leaird v. Moore, 27 Ala. 326, and Friend v. Oliver, 27 Ala. 532, it is decided, that the circuit court cannot allow the amendment of a complaint, by striking out the only two parties plaintiffs, or a sole plaintiff on the record, and inserting another and distinct name as'plaintiff. These decisions are placed upon the ground, that when the name of the sole plaintiff, or the names of all the plaintiffs, are stricken out, there is no actor left, and then there is, in the language of those decisions, “no case,”— “the case is at an end.”
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2Cases cited8 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Leaird v. MooreSupreme Court of Alabama · 1855
- Stodder v. Grant & NickelsSupreme Court of Alabama · 1856
- Bullard v. President of the Nantucket BankMassachusetts Supreme Judicial Court · 1809
- Friend v. OliverSupreme Court of Alabama · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Capehart v. Furman Farm Improvement Co.Supreme Court of Alabama · 1893
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.