McLeod v. McLeod
Supreme Court of Alabama
Aprkai, from Crenshaw Circuit Court. Tried before I-Ion. John P. Hubbard. Margaret, Mack and Alexander McLeod brought this action against Hugh McLeod, to recover damages for an alleged malicious prosecution of the plaintiffs by defendant for the offense of trespass after warning; and the cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiffs.
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Aprkai, from Crenshaw Circuit Court. Tried before I-Ion. John P. Hubbard. Margaret, Mack and Alexander McLeod brought this action against Hugh McLeod, to recover damages for an alleged malicious prosecution of the plaintiffs by defendant for the offense of trespass after warning; and the cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiffs. The evidence introduced on the trial tended to show that Margaret McLeod, the mother of the other two plaintiffs, and the defendant were the owners of two adjoining tracts of land, and…
1Opinion of the CourtSomerville, J.
— Where several parties sue jointly as plaintiffs, it is a plain principle that coll must be entitled to recover in the action, or none can be permitted to do so. If any one of the several plaintiffs is incompetent to sue, or the evidence sustains the action only as to one or more, and not as to the others, the whole action must fail. The only remedy of the parties plaintiff in such case is to amend the complaint by striking out the names of such as have no cause o;f action. Hardeman v. Sims, 3 Ala. 747; Cochran v. Cunningham, 16 Ala. 448; Walker v. Fenner, 28 Ala. 367; Hutton v. Williams, 60…
2Cases cited9 opinions
- Barron v. MasonSupreme Court of Vermont · 1858
- Watson v. StateSupreme Court of Alabama · 1879
- Walker v. FennerSupreme Court of Alabama · 1856
- Ross v. InnisIllinois Supreme Court · 1861
- Chandler v. McPhersonSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- O'Neal v. McKinnaSupreme Court of Alabama · 1897
33 more not listed; retrieve them via the Exa API.