Southern Railway Co. v. Brewster
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W.. Haralson. Action by Mike Brewster against the Southern Railway Company for the value of a bale of cotton, judgment for plaintiff, and defendant appeals. The complaint as originally filed named Mike Brewster as plaintiff and the Southern Railway Company as defendant, and was in code form for suits on bills of lading for loss of goods.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W.. Haralson. Action by Mike Brewster against the Southern Railway Company for the value of a bale of cotton, judgment for plaintiff, and defendant appeals. The complaint as originally filed named Mike Brewster as plaintiff and the Southern Railway Company as defendant, and was in code form for suits on bills of lading for loss of goods. The amendment was by adding the matters set out in the opinion, and by further adding that Brewster is not the beneficial owner of the said claim here sued on. The charges set out in the assignments of…
1Opinion of the Court
THOMAS, J. —
The plaintiff, as named in the original summons and complaint, was Mike Brewster. At the trial, by leave of the court first had and obtained,* the complaint was amended so as to make “J. F. Gullatt, suing for the use of Mike Brewster,” instead of *600Mike Brewster, the plaintiff in the action. There was no error on the part of the court in permitting this amendment. — Code, § 2490; Am. Union Telegraph Co. v. Daugherty, 89 Ala. 191, 7 South. 660; Harris v. Plant & Co., 31 Ala. 639; Cowan v. Campbell, 131 Ala. 211, 31 South. 429; Babcock v. Carter, 117 Ala. 575, 23 South. 487, 67 Am.…
2Cases cited16 opinions
- Louisville & Nashville Railroad v. LandersSupreme Court of Alabama · 1902
- Mason v. HallSupreme Court of Alabama · 1857
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
- Louisville & Nashville R. R. v. SherrodSupreme Court of Alabama · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1918
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Alabama Great Southern R. Co. v. LawlerSupreme Court of Alabama · 1925
5 more not listed; retrieve them via the Exa API.