Long v. Patterson
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. L. B. Strange. This action was brought by P. H. Long against M. L. Patterson, and was commenced on the 9th June, 1870. The original complaint was in these words: “ The plaintiff claims of the defendant three hundred and twenty-six dollars and eleven cents, due by due-bill made by him on the 18th d-ay of July, A. D. 1862, and payable the same 18th day of July, A. D. 1862, with interest thereon from the 8th day of…
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Appeal from the Circuit Court of Russell. Tried before the Hon. L. B. Strange. This action was brought by P. H. Long against M. L. Patterson, and was commenced on the 9th June, 1870. The original complaint was in these words: “ The plaintiff claims of the defendant three hundred and twenty-six dollars and eleven cents, due by due-bill made by him on the 18th d-ay of July, A. D. 1862, and payable the same 18th day of July, A. D. 1862, with interest thereon from the 8th day of May then last past, to wit, the 8th May, 1862.” At the May, term, 1872, as the judgment entry at that term recites, the…
1Opinion of the CourtBrickell, J.
The only limit to the right of amendment, under our statutes, is, that there must not be an entire change of parties, nor the substitution of an entirely new cause of action. Crimm’s Adm’rs v. Crawford, 29 Ala. 623. *415The amendment asked in this case proposed no change of parties, and no substitution of a new cause of action. The cause of action was the promissory note, or due-bill, which was misdescribed in the original complaint. In legal contemplation, the original complaint described it as payable to the plaintiff himself; while the amendment proposed a correction of this misdescription, by…
2Cases cited2 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Reed v. ScottSupreme Court of Alabama · 1857
3Cited by8 opinions
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1889
- Sublett v. HodgesSupreme Court of Alabama · 1889
- Anniston & Atlantic Railroad v. Ledbetter & FarmerSupreme Court of Alabama · 1890
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