Agee v. Williams
Supreme Court of Alabama
Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. Thomas A. WaleeR. The defendant in this case was summoned “to answer tbe complaint of J ames 'Williams, administrator of Edward Williams, deceased”; while tbe original complaint, as was decided by tbis court at its June term, 1856, (27 Ala. 644,) put in issue tbe plaintiff’s individual title.
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Appeal from tbe Circuit Court of Monroe. Tried before tbe Hon. Thomas A. WaleeR. The defendant in this case was summoned “to answer tbe complaint of J ames 'Williams, administrator of Edward Williams, deceased”; while tbe original complaint, as was decided by tbis court at its June term, 1856, (27 Ala. 644,) put in issue tbe plaintiff’s individual title. After tbe remandment of tbe cause, on account of errors wbieb i ntervened on tbe former trial, tbe circuit court permitted tbe plaintiff to amend bis complaint, botb in its body and in its marginal statement of tbe parties, so as to show…
1Opinion of the Court
BICE, C. J.'
-When tbis ease was here at a former term, we decided, that tbe plaintiff in tbe complaint, as it then appeared, was James M. Williams as an individual, and not as administrator of Edward Williams, deceased; and that it did not put in issue tbe title of any intestate, but only tbe title of said James M. Williams as an individual. That decision related to the construction of tbe complaint, but did not touch tbe question whether tbe complaint was amendable. — 27 Ala. 644.
*638The only fact on which it was even argued that he, as administrator, was the plaintiff in the complaint as it…
2Cases cited3 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Creagh v. SavageSupreme Court of Alabama · 1846
- Agee v. WilliamsSupreme Court of Alabama · 1855
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