Turner v. Roundtree
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. Nat. Cook. The original complaint in this case was as follows : “Lewis Turner h The plaintiff claims of the de-vs. >fendant the sum of $300, for work Seaborn J. Roundtree.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. Nat. Cook. The original complaint in this case was as follows : “Lewis Turner h The plaintiff claims of the de-vs. >fendant the sum of $300, for work Seaborn J. Roundtree. J and labor done by plaintiff' for defendant, at his instance and request; also, a like sum for so much corn, fodder and oats, sold and delivered by plaintiff to defendant, at his like instance and request; also, a like sum for money paid, laid out and expended, by plaintiff for defendant, at his instance and request; and a like sum for money had and received…
1Opinion of the CourtB.ice, C. J.
Even if there be an unauthorized and radical variance between the cause of action set forth in the amended complaint and that set forth in the original complaint, a motion to reject or strike out the amended complaint was the proper mode of claiming advantage of the variance. — Chapman v. Spence, 22 Ala. 588; Ex parte Ryan, 9 Ala. 89. By failing to make such motion, and filing- a general demurrer to the amended complaint, the defendant waived all objection arising out of the variance. Bryan v. Wilson, 27 Ala. 208; Cleveland v. Chandler, 3 Stew. 489; Callison v. Lemons, 2 Porter’s B. 145; Cobb…
2Cases cited6 opinions
- Bryan v. WilsonSupreme Court of Alabama · 1855
- McAden v. GibsonSupreme Court of Alabama · 1843
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Cleveland v. ChandlerSupreme Court of Alabama · 1831
- Chapman v. SpenceSupreme Court of Alabama · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hays v. McCartySupreme Court of Alabama · 1940
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- Anthony v. SlaydenSupreme Court of Colorado · 1900
- W. S. Brewbaker, Inc. v. McClintonAlabama Court of Appeals · 1954
- Roundtree v. TurnerSupreme Court of Alabama · 1860
1 more not listed; retrieve them via the Exa API.