Barker v. Anniston, Oxford & Oxanna Street Railway Co.
Supreme Court of Alabama
Appeal from tlie Circut Court of Calhoun. Tried before the Hon. Leroy F. Box. The court erred in sustaining the demurrer to the complaint for non-joinder of proper parties plaintiff. — L. ds N. R. R. Co. v. Jones, 83 Ala. 376 ; Thrasher v. Ingram, 32 Ala. 645; Hair v. Avery, 28 Ala. 273 ; Chitty on Pleading, p. 83; R. E. Go. v. Stdlivan, 59 Ala. 272. If James Barker, the husband, was a proper party plaintiff', the complaint was properly amended by adding him as plaintiff,…
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Appeal from tlie Circut Court of Calhoun. Tried before the Hon. Leroy F. Box. The court erred in sustaining the demurrer to the complaint for non-joinder of proper parties plaintiff. — L. ds N. R. R. Co. v. Jones, 83 Ala. 376 ; Thrasher v. Ingram, 32 Ala. 645; Hair v. Avery, 28 Ala. 273 ; Chitty on Pleading, p. 83; R. E. Go. v. Stdlivan, 59 Ala. 272. If James Barker, the husband, was a proper party plaintiff', the complaint was properly amended by adding him as plaintiff, and the suit, as thus amended, was-not barred by the statute of limitations of one year, for it was within the Us…
1Opinion of the CourtColeman, J.
The present action is brought to recover for alleged injuries to the person of Mrs. Mary 0. Barker, received while travelling as a passenger on the defendant’s street railway company. These injuries were caused by an accident which happened on December 30th, 1886. The suit was commenced in the name of Mrs. Barker, as the sole plaintiff in the action, and within the period of one year as required by the statute. — Code, 1886, § 2619. After the lapse of more than a year from the time of the accident, the complaint was amended,, on demurrer being sustained for non-joinder of proper parties…
2Cases cited4 opinions
- King v. AverySupreme Court of Alabama · 1861
- State v. McBrideSupreme Court of Alabama · 1884
- Jordan & Sons v. SmithSupreme Court of Alabama · 1887
- Robinson & Ledyard v. HoltSupreme Court of Alabama · 1888
3Cited by5 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- City of Kansas v. HartSupreme Court of Kansas · 1899
- Birmingham Gas Co. v. SanfordSupreme Court of Alabama · 1932
- People's Home Tel. Co. v. CockrumSupreme Court of Alabama · 1913
- Cochrane v. FullerAlabama Court of Appeals · 1919