Southside Bank v. Birmingham Truth

The assignment of errors, among other things, challenges the action of the trial court in permitting amendment to the name of plaintiff employing the words “a corporation.” The complaint was filed October 3, 1928, and the amendment allowed March 25, ‘ 1929.

The statute allowing amendments is section 9513, Code. In Barksdale v. Strickland & Hazard (Ala. Sup.) 124 So. 234, 1 it was declared, “Capacity to sue and corporate existence, if necessary, will be intended, where action is brought in name fairly importing corporate character” (Moore v. Martin & Hoyt Co., 124 Ala. 291, 27 So. 252; Seymour…