Southern Ry. Co. v. Pogue
Supreme Court of Alabama
Appeal from. Gadsden City Court. Heard before Hon. J. H. Disque. Tlxis was an action by appellee against apellant for killing bv appellant’s train of a horse belonging to appellee. The original summons and complaint contained tsvo counts and-were in the name of Mrs. J. L. Pogue. The complaint was afterwards amended by changing the initials, “J. L.” of the plaintiff, to “Barnett M.,” thus making the plaintiff’s name “Barnett-M. Pogue” instead of “J. L. Pogue.”
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Appeal from. Gadsden City Court. Heard before Hon. J. H. Disque. Tlxis was an action by appellee against apellant for killing bv appellant’s train of a horse belonging to appellee. The original summons and complaint contained tsvo counts and-were in the name of Mrs. J. L. Pogue. The complaint was afterwards amended by changing the initials, “J. L.” of the plaintiff, to “Barnett M.,” thus making the plaintiff’s name “Barnett-M. Pogue” instead of “J. L. Pogue.” There was objection by the-defendant to this amendment, and the objection was overruled. These facts appear only in the minute entry,…
1Opinion of the CourtTyson, J.
The counts of the' complaint are the same as those in Southern Railway Co. v. Hoge, (Ala.) 37 South. 439, mutatis mutandis, in which case we hold that the demurrer, which ivas substantially as the one here interposed, was not well taken. We see no reason for departing from that ruling.
The objection taken to the allowance of the amendment of the complaint, and the exception reserved thereto, which were nécessary to a review of the action of the trial court, should be shown by the bill of exceptions. *447Being shown only by the record of the minutes of the court below, we cannot review that ruling.…
2Cases cited4 opinions
- Mahoney v. O'LearySupreme Court of Alabama · 1859
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. StarkSupreme Court of Alabama · 1899
- Central of Ga. Ry. Co. v. TurnerSupreme Court of Alabama · 1906
3Cited by4 opinions
- Ex parte WattersSupreme Court of Alabama · 1913
- Key v. Goodall Brown & Co.Alabama Court of Appeals · 1913
- Atlantic Coast Line R. Co. v. HornAlabama Court of Appeals · 1953
- McCarver v. GriffinSupreme Court of Alabama · 1915