Legal Opinion
Gambill v. Fox Typewriter Co.
Supreme Court of Alabama
Decided November 7, 1914PublishedCited by 11 opinions
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by the Fox Typewriter Company against A. A. Gambill, commenced in trover, to which is added by amendment, the common counts, and a count for breach of a contract of guaranty. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtMoCLELLAN, J.
The original complaint, which was filed April 7, 1910, contained one count; and that was in trover. On June 23, 1913, plaintiff (appellee) prayed to be allowed to amend his complaint by the addition of counts 2 to 9, inclusive.
“The defendant [appellant] objected to the allowance of the amendment on the ground that the amendment set up cause of action that was a departure from the cause of action set up in the original complaint, and on the further ground that the said counts showed on their face that the matters complained of did not arise out of the same transaction or relate the same…
2Cases cited3 opinions
- Anderson v. Bellenger & RallsSupreme Court of Alabama · 1888
- Alabama City, Gadsden & A. Ry. Co. v. BessiereSupreme Court of Alabama · 1914
- J. W. Watkins Med. Co. v. LoveladySupreme Court of Alabama · 1914
3Cited by11 opinions
- SOUTHTRUST BANK v. Webb-Stiles Co., Inc.Supreme Court of Alabama · 2005
- First Nat. Bank v. MorganSupreme Court of Alabama · 1925
- Louisiana Oil Corporation v. GreenSupreme Court of Alabama · 1935
- Spurling v. FillingimSupreme Court of Alabama · 1943
- Crawford v. MillsSupreme Court of Alabama · 1918
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