Adair v. Stone
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James E. Cobb. This was an attachment suit for rent by the appellee, "William D. Stone, against the appellant, James R. Adair.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. James E. Cobb. This was an attachment suit for rent by the appellee, "William D. Stone, against the appellant, James R. Adair. The allegations of the affidavit as to the contract between the parties were, “ that James R. Adair will be on December 25, 1885, justly indebted to affiant in the sum of $175, for the rent of certain lands in Tallapoosa county, Alabama, which belong to ^affiant, and which affiant rented- to said James R. Adair for the year 1885, and the said Adair agreed to pay affiant as rent for said lands for said…
1Opinion of the CourtSomerville, J.
— The first assignment of error is based upon the action of the court in overruling appellant’s motion to strike “ the amended complaint ” from the file. If we construe this (most favorably to appellant;) to mean the amendment to the original complaint, we can not see from the judgment entry, or bill of exceptions, which of the counts *116were added by way of amendment, and therefore the motion was properly overruled if any one of the new counts was good, and properly joined with the original complaint. It is not insisted, nor can be, that all of the new counts were bad or improperly joined.…
2Cases cited5 opinions
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Brown v. CoatsSupreme Court of Alabama · 1876
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Drakford v. TurkSupreme Court of Alabama · 1883
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
3Cited by5 opinions
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- First Nat. Bank of Russellville v. WelchSupreme Court of Alabama · 1930
- Harmon Bros. v. JenksSupreme Court of Alabama · 1887