Stewart v. Goode & Ulrick
Supreme Court of Alabama
Appeal from the City Court of Mobile, Tried before the Hon. Alex. MoKiNStey. Tata action was brought by 0. Mazange, doing business under the name and style of 0. Mazange & Co., who sued for the use of Goode The errors now assigned, are as follows : — “ 1. The court erred in allowing an amendment to be filed, making Goode & Ulrick plaintiffs instead of 0. Mazange & Co. 2. In allowing the assignee of the note to sue in his own name on an assignment made after the action was…
Read the full summary
Appeal from the City Court of Mobile, Tried before the Hon. Alex. MoKiNStey. Tata action was brought by 0. Mazange, doing business under the name and style of 0. Mazange & Co., who sued for the use of Goode The errors now assigned, are as follows : — “ 1. The court erred in allowing an amendment to be filed, making Goode & Ulrick plaintiffs instead of 0. Mazange & Co. 2. In allowing the assignee of the note to sue in his own name on an assignment made after the action was brought. 3. In rendering judgment immediately on the filing of a new complaint, in favor of a new party, without allowing…
1Opinion of the CourtWalker, J.
The defendant was brought into court by an acknowledgment -of service, which was proved. The judgment entry recites, that the parties came by their attorneys ; thus showing, that the defendant was not only served with process, but actually came into court. The defendant cannot be permitted to revise the action of the court below in allowing the amendment of the complaint, when he was actually before the court in which the amendment was made, made no objection, and now for the first time questions the correctness of the ruling of the court in reference to the amendment. — Bryan v. Wilson, 27…
2Cited by23 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Hall v. First BankSupreme Court of Alabama · 1916
- Grigg v. GilmerSupreme Court of Alabama · 1875
18 more not listed; retrieve them via the Exa API.