Stewart & Co. v. Sonneborn
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by A. T. Stewart & Co., against Meyer Sonneborn, and was founded on two judgments which said plaintiffs had recovered in the Superior Court of New York city, against E. Leipzeiger & Co.; one in June, 1867, and the other in August, 1869. The original complaint contained only two counts, one on each judgment; but, by leave of the court, against the objection of the…
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. McCaleb Wiley. This action was brought by A. T. Stewart & Co., against Meyer Sonneborn, and was founded on two judgments which said plaintiffs had recovered in the Superior Court of New York city, against E. Leipzeiger & Co.; one in June, 1867, and the other in August, 1869. The original complaint contained only two counts, one on each judgment; but, by leave of the court, against the objection of the defendant, several other counts were added for goods sold and delivered, and on an account stated, these being for the original…
1Opinion of the CourtB. F. Saffold, J.
— The amendment of the complaint by the addition of other counts was within the discretion of the court, and was properly allowed. A count on a judgment may be joined with a count on a simple contract. Prater v. Miller, 25 Ala. 320; Boylston v. Sherron, 31 Ala. 538; 13 Johns. R. 462; 1 Chit. Pl. 200 ; Revised Code, § 2637. •
2. The clerical superscription of the word “ filed ” on the amendments to -the complaint would have been no more than the evidence of the clerk, given in .that way, of the filing. When they were allowed, and became incorporated into the complaint, they were as much filed…
2Cases cited3 opinions
- Prater v. MillerSupreme Court of Alabama · 1854
- Grant v. Cole & Co.Supreme Court of Alabama · 1845
- Boylston v. SherranSupreme Court of Alabama · 1858
3Cited by4 opinions
- Chandler-Frates & Reitz v. KostichSupreme Court of Oklahoma · 1981
- Neal v. M. E. Smith & Co.Court of Appeals for the Eighth Circuit · 1902
- Vietor v. SpaldingMassachusetts Supreme Judicial Court · 1908
- Chandler-Frates & Reitz v. KostichSupreme Court of Oklahoma · 1981