Bank of the State v. Johnson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. The plaintiff in error caused a writ to be issued against the defendants, in assumpsit, on which the cause of action is indorsed thus : “ This action is brought to recover the amount of a promissory note, made by the defendants, payable to the plaintiff, for the sum of five hundred dollars, due 2d May, 1840.” At the appearance term, a declaration was filed upon the cause of action as indorsed, and at a term subsequently holden, in…
Read the full summary
Writ of Error to the Circuit Court of Perry. The plaintiff in error caused a writ to be issued against the defendants, in assumpsit, on which the cause of action is indorsed thus : “ This action is brought to recover the amount of a promissory note, made by the defendants, payable to the plaintiff, for the sum of five hundred dollars, due 2d May, 1840.” At the appearance term, a declaration was filed upon the cause of action as indorsed, and at a term subsequently holden, in the spring of 1845, leave was granted the plaintiff to file a new declaration; subsequently, at the fall .term, 1845,…
1Opinion of the CourtCollier, C. J.
In Ex parte Ryan, et al. at this term, we held, that the act of 1807, not only confers upon a court in ivhich a cause may be pending, power to permit amendments, where there is any thing in the record by which to amend, but it declares that either of the parties may “ amend any defect in the process or pleadings upon such conditions as the said courts respectively, shall, in their discretion, and by their rules prescribe.” [Clay’s Dig. 321, § 50.] It Avas also added, that this statute should receive a construction not less extensive than its terms import; unless by carrying it thus far, the…
2Cases cited1 opinion
- Sexton v. RoneSupreme Court of Alabama · 1845
3Cited by1 opinion
- Randolph v. JonesSupreme Court of Alabama · 1846