Smith v. Inge
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Wh. E. Clarke. This was an action of ejectment brought originally by Lorenzo M. Wilson, as trustee of certain bondholders, and John R. Simpson, as superintendent of wharves, against Hannibal Smith, Price Williams, Sr., and others, to recover possession of certain wharf property in the city of Mobile, fully described in the complaint.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Wh. E. Clarke. This was an action of ejectment brought originally by Lorenzo M. Wilson, as trustee of certain bondholders, and John R. Simpson, as superintendent of wharves, against Hannibal Smith, Price Williams, Sr., and others, to recover possession of certain wharf property in the city of Mobile, fully described in the complaint. Pending the suit the term of office of John R. Simpson, as superintendent of wharves, expired; and, on motion, George B. Clitherall, his successor in office, was made a party plaintiff, against the…
1Opinion of the CourtSomerville, J.
It is not contended that John It. Simp-, son, who was shown to sue in his official capacity as superintendent of wharves, was an improper plaintiff in the action, as originally instituted. The objection taken is to the ruling of the court by which his successor in office, George B. Clitherall, was allowed to be substituted as one of the plaintiffs of record, upon suggestion and proof that Simpson’s official term had expired. This amendment, in our opinion, was entirely free from objection. Where the subject-matter of suit is assigned by operation of law, during the pendency of an action, the…
2Cases cited4 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- Steele v. SullivanSupreme Court of Alabama · 1881
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Hoole v. Attorney GeneralSupreme Court of Alabama · 1853
3Cited by11 opinions
- Unzicker v. StateSupreme Court of Alabama · 1977
- Locklin v. TuckerSupreme Court of Alabama · 1922
- Engelhardt v. JenkinsSupreme Court of Alabama · 1962
- Memphis & Charleston Railroad v. Birmingham, Sheffield & Tennessee River Railway Co.Supreme Court of Alabama · 1893
- Moragne v. City of GadsdenSupreme Court of Alabama · 1911
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