Beavers v. Hardie
Supreme Court of Alabama
APPEAL from the Circuit Court of Talladega. Tried before the Hon. George H. Craig. This suit was commenced at the fall term, 1854, of the Circuit Court of Talladega county, by Graham Beavers, against John T. Hardie & Co., for an alleged breach of contract. The plaintiff having died, Major W. Beavers was appointed his administrator, and the cause was prosecuted by him.
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APPEAL from the Circuit Court of Talladega. Tried before the Hon. George H. Craig. This suit was commenced at the fall term, 1854, of the Circuit Court of Talladega county, by Graham Beavers, against John T. Hardie & Co., for an alleged breach of contract. The plaintiff having died, Major W. Beavers was appointed his administrator, and the cause was prosecuted by him. The facts are contained in the opinion. 1. The charge asked by the plaintiff should have been given.—Smart v. Sanders, 54 Eng. Com. L. Hep’s 379; S, C. 57 Eng. Com. L. Hep’s 894, 916. If contemporaneous with the advances or…
1Opinion of the Court
STONE, J.—
The present action was commenced in 1854, and, for some cause not explained, was not tried until 1877. The original complaint contains five counts.' A sixth was ■added, date not given. At the term of the trial—Spring, 1877—a seventh count was filed by leave of the court, which, *573it is supposed, was founded on the testimony of the witness Thomason. After the plaintiff had submitted his testimony to the jury, he asked leave to file an additional count, which the court refused to allow, and he excepted.
Our statutes in regard to amendment of pleadings have been very liberally construed…
2Cases cited4 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- McGehee v. StateSupreme Court of Alabama · 1875
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- State v. SchuesslerSupreme Court of Alabama · 1842
3Cited by11 opinions
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Fields v. KarterSupreme Court of Alabama · 1898
- Johnson v. Shook & Fletcher Supply Co.Supreme Court of Alabama · 1944
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