Ex parte Ashurst
Supreme Court of Alabama
Application for a, writ of mandamus to the chancellor of the South-Eastern Chancery Division. The proceeding in this case was commenced by an application addressed to this court asking for a writ of mandamus, directed to the chancellor, commanding him to set aside, vacate and annul a former order of his court allowing an amendment to their answer by the respondents, and to set aside the submission of the cause, and allow further testimony to be introduced by said respondent.
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Application for a, writ of mandamus to the chancellor of the South-Eastern Chancery Division. The proceeding in this case was commenced by an application addressed to this court asking for a writ of mandamus, directed to the chancellor, commanding him to set aside, vacate and annul a former order of his court allowing an amendment to their answer by the respondents, and to set aside the submission of the cause, and allow further testimony to be introduced by said respondent. The bill in the original cause was filed by James Y. Ashurst against Robert T. Ashurst and the American Freehold Land…
1Opinion of the CourtHaralson, J.
Formerly the right to amend a bill or answer, whether verified or not, rested within the discretion of the court. As to verified pleadings, there was much indisposition to allow amendments so as to vary facts already stated, or to let in new facts. “And it was but seldom, that an amendment was allowed after the taking of evidence, introducing facts known to the party, or which, with reasonable diligence, he could have discovered at the time of filing the original pleading.”—Rapier v. Gulf City Paper Co., 69 Ala. 481; 1 Han. Ch. Pr. §§ 778, 779.
It is not to be wondered that a power so…
2Cases cited5 opinions
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Ex parte GarlandSupreme Court of Alabama · 1868
- Watts v. Eufaula National BankSupreme Court of Alabama · 1884
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- Rapier v. Gulf City Paper Co.Supreme Court of Alabama · 1881
3Cited by10 opinions
- Yeend v. WeeksSupreme Court of Alabama · 1893
- McCaw v. BarkerSupreme Court of Alabama · 1896
- Stover v. HillSupreme Court of Alabama · 1922
- Ex Parte State Ex Rel. BrittainSupreme Court of Alabama · 1939
- Darling v. HanlonSupreme Court of Alabama · 1916
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