Bryan v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Picfcens. Tried before the Hon. Edmund W. Pettus. ACTION (under the Code) on’ a promissory note for $325, executed by.
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Appeal from the Circuit Court of Picfcens. Tried before the Hon. Edmund W. Pettus. ACTION (under the Code) on’ a promissory note for $325, executed by. Jesse W. Bryan, William H. Davis, and John M. Sprowl, dated January 2, 1854, and payable to “Benjamin E. Wilson, noble-grand of Porter Lodge No. 16,1. O. 0. F. ”, on the first day of January, 1855, The summons and original complaint were in the name of “ Tandy P, Duncan, noble-grand of Porter Lodge No. 16, of the Independent Order of Odd Fellows, in Carrollton, Alabama”, who was alleged to be the successor in said office of said'-Benjamin F.…
1Opinion of the CourtRice, J.
The right of the appellants to revise the action of the court below, in allowing the amendment of the complaint, was waived' by their filing pleas to the amended complaint, without making any objection to the leave to amend, or to the amendment itself. Such points cannot be raised for the first time in this court, but must be made in the primary court, and presented by exception duly taken ; as was done in Leaird v. Moore, decided at the present term.
Until the Code went into effect, the general rule was observed, that an action for the breach of a contract must be brought in the name of the…
2Cases cited6 opinions
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Grigsby's ex. v. NanceSupreme Court of Alabama · 1842
- Deshler v. HodgesSupreme Court of Alabama · 1842
- Sorelle v. ElmesSupreme Court of Alabama · 1844
- Bancroft v. PaineSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Broughton v. BradleySupreme Court of Alabama · 1859
- Mobile & Montgomery Railway Co. v. GilmerSupreme Court of Alabama · 1888
- Nelson v. Goree'r Adm'rSupreme Court of Alabama · 1859
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Chambers v. FalknerSupreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.