Steiner Bros. v. Stewart
Supreme Court of Alabama
Appeal from the 'City Court of Bessemer1. Tried before the Hon. B. C. Jones. This was an action of trover brought by the appellee, Mrs. M. S. Stewart, against the appellant. From a judgment in favor of the plaintiff the defendant appeals. The only ruling of the lower court which is reviewed on the present appeal was based upon the court’s overruling the defendants objection to tire allowance of the amendment to the complaint.
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Appeal from the 'City Court of Bessemer1. Tried before the Hon. B. C. Jones. This was an action of trover brought by the appellee, Mrs. M. S. Stewart, against the appellant. From a judgment in favor of the plaintiff the defendant appeals. The only ruling of the lower court which is reviewed on the present appeal was based upon the court’s overruling the defendants objection to tire allowance of the amendment to the complaint. The facts in rerefenee to this ruling are sufficiently stated in the opinion. cited Ex parte Collins, 49 Ala- 69; Davis Ave. R. R. Co. v. Mall on, 57 Ala. 168; Western…
1Opinion of the CourtTyson, J.
—This suit originated in a justice court, and was brought against, “Sig Steiner’ and Bernard Steiner doing business as Steiner Bros, and Ales Dallas.” This is shown both by the summons and the caption to the complaint. Before trial in justice court, *569plaintiff amended lier coniiplaint by striking out Dallas as a party defendant, leaving it as a complaint against the two named!-Steiners doing-business as Steiner Bros. After appeal to the. city court, she again amended her complaint, the effect of which was to eliminate as’ parties defendants Sig and Bernard Steiner doing business as Steiner…
2Cases cited11 opinions
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Ex parte NicrosiSupreme Court of Alabama · 1893
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
- Compton v. SmithSupreme Court of Alabama · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Duncan v. Smith Brothers Grain Co.Texas Supreme Court · 1924
- Thompson v. Palmer CorporationCalifornia Court of Appeal · 1956
- Rarden Mercantile Co. v. WhitesideSupreme Court of Alabama · 1905
- May v. Dothan Buick Co.Alabama Court of Appeals · 1942