Bessemer Liquor Co. v. Tillman
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action brought by the appellee, Benah II. Tillman, against the Bessemer Liquor Company, a cor-, poration, for false imprisonment and malicious prosecution. The complaint contained three counts. As originally styled, the suit was by the plaintiff against “The Bessemer Liquor Company, a partnership composed of J. Marks and others.”
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Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. This was an action brought by the appellee, Benah II. Tillman, against the Bessemer Liquor Company, a cor-, poration, for false imprisonment and malicious prosecution. The complaint contained three counts. As originally styled, the suit was by the plaintiff against “The Bessemer Liquor Company, a partnership composed of J. Marks and others.” The plaintiff, by leave of the court, amended the caption of the complaint by striking out the words which followed “The Bessemer Liquor Company” and inserting in lien thereof, “A…
1Opinion of the CourtSharpe, J.
It is not shown by the bill of exceptions that there was any objection made or exception taken to the allowance of any amendment to the complaint; and, therefore, the orders allowing amendments are not reviewable. To show' such objection and exception is not the office of the record proper. — Mock v. Walker, 42 Ala. 668 ; Simmons v. Varnum, 36 Ala. 92; Jarman v. McMahan’s Admr., 37 Ala. 431.
If it be conceded that there was such proof of a plea to the first and second counts of the complaint as dis-entitled the plaintiff to recover thereon, yet, the jury could not properly have been required…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. SandlinSupreme Court of Alabama · 1899
- Dorsey v. StateSupreme Court of Alabama · 1901
- Mock v. WalkerSupreme Court of Alabama · 1868
- Jarman v. McMahon's Adm'rSupreme Court of Alabama · 1861
- Simmons v. VarnumSupreme Court of Alabama · 1860
3Cited by23 opinions
- Aspinwall v. GowensSupreme Court of Alabama · 1981
- Automotive Acceptance Corporation v. PowellCourt of Civil Appeals of Alabama · 1970
- Crocker v. LeeSupreme Court of Alabama · 1954
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Little v. SuggSupreme Court of Alabama · 1942
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