Williams v. Bowdin
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before tbe Eton. H. D. Clayton. This action was brought by Marilda J. Bowdin and W. J. Parish, against “ S. A. & D. Williams,” and was commenced on the 13th March, 1876. Tbe original complaint was in these words : The plaintiffs claim of the defendants $200 for tbe failure to enter satisfaction of a mortgage, upon tbe margin of the record thereof, within three months from the time they were requested so to do by said plaintiffs,…
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Appeal from the Circuit Court of Pike. Tried before tbe Eton. H. D. Clayton. This action was brought by Marilda J. Bowdin and W. J. Parish, against “ S. A. & D. Williams,” and was commenced on the 13th March, 1876. Tbe original complaint was in these words : The plaintiffs claim of the defendants $200 for tbe failure to enter satisfaction of a mortgage, upon tbe margin of the record thereof, within three months from the time they were requested so to do by said plaintiffs, and after tbe payment thereof; which said mortgage was executed and delivered in the year 1872, namely, in April of said…
1Opinion of the Court
SOMERVILLE, J'.
The amendments made to the complaint were properly allowed by the Circuit Court. They introduced no new matter or claim not before presented, but merely corrected a defect of form in the pending suit. Nor was it error to permit the complaint to be so amended as to describe the defendants as partners, although the original suit was against them as individuals merely.—Code, 1876, § 3156; Bradford v. Edwards, 32 Ala. 628.
The description of the mortgage was reasonably certain, without stating in what book it was recorded in the Probate Court, or what kind of property was embraced…
2Cases cited4 opinions
- Cotten v. RutledgeSupreme Court of Alabama · 1858
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Bradford v. EdwardsSupreme Court of Alabama · 1858
- Burns v. MayorSupreme Court of Alabama · 1859
3Cited by10 opinions
- Steiner & Bro. v. SnowSupreme Court of Alabama · 1885
- Gay, Hardie & Co. v. RogersSupreme Court of Alabama · 1895
- Partridge v. WilsonSupreme Court of Alabama · 1904
- Clark v. HendersonSupreme Court of Alabama · 1943
- Scales v. Rosenbush Furniture Co.Supreme Court of Alabama · 1924
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