Mahan v. Smitherman
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Tried before Hon. James E. Cobb. This was a suit by W. TI. Mahan against Joseph Smitherman, and was commenced before a justice of the peace. The statement of the cause of action filed in the justice’s court appears to have been treated as a formal complaint in the Circuit Court, to which the cause was carried by an appeal from the judgment rendered before the justice.
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Appeal from Chilton Circuit Court. Tried before Hon. James E. Cobb. This was a suit by W. TI. Mahan against Joseph Smitherman, and was commenced before a justice of the peace. The statement of the cause of action filed in the justice’s court appears to have been treated as a formal complaint in the Circuit Court, to which the cause was carried by an appeal from the judgment rendered before the justice. The cause of action is therein described as a promissory note for fifty dollars, with a waiver of exemption, the statement failing to show when the note was made, or when it became due and…
1Opinion of the CourtBrickell, C. J.
-The statute of amendments is very broad; it is remedial, apd the courts have construed it liberally. It is intended to advance the trial and decision of causes upon the real, substantial merits, and to expedite the administration of justice. The only limitation upon the right of a plaintiff in a civil action at law to amend the complaint at any time' before the cause is finally submitted to the jury, and they have retired, is, that the form of the action must not be changed; there must not be an entire change of parties, nor can there be the substitution or the introduction of án entirely…
2Cases cited7 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Johnson v. MartinSupreme Court of Alabama · 1875
- Pickens v. OliverSupreme Court of Alabama · 1858
- Harris v. HillmanSupreme Court of Alabama · 1855
- Stringer v. WatersSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Semple v. GlennSupreme Court of Alabama · 1890
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
19 more not listed; retrieve them via the Exa API.