Teat v. Cocke
Supreme Court of Alabama
Appeal from the Circuit Court of Macon County. Tried before the Hon. Robert Dougherty. This was an action brought by N. W. Cocke, on a promissory note, signed by four persons, J. S. Caldwell, H. M. Caldwell, O. T. Segrist, and W. E. Teat. The summons and complaint were, in the first instance, issued against the three first named persons only. It was returned “executed” on these defendants, to the spring term, 1862, of Macon circuit court.
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Appeal from the Circuit Court of Macon County. Tried before the Hon. Robert Dougherty. This was an action brought by N. W. Cocke, on a promissory note, signed by four persons, J. S. Caldwell, H. M. Caldwell, O. T. Segrist, and W. E. Teat. The summons and complaint were, in the first instance, issued against the three first named persons only. It was returned “executed” on these defendants, to the spring term, 1862, of Macon circuit court. At the fall term, 1866, of said court, the plaintiff asked, and obtained leave to amend his complaint by adding the name of W. E. Teat as a defendant, the…
1Opinion of the CourtJudge, J.
If the court below had not the power, under the circumstances, to allow the amendment to make Teat a party defendant, by the issue of a branch summons— *337a question not necessary to be Here decided — still, a judgment by nil dicit having been suffered without objection to the amendment, the action of the court in allowing it, cannot be reviewed on error. — Stewart v. Goode & Ulrick, 29 Ala. 476. Such a judgment is an admission that the defendant has been properly brought into court. — Emanuel v. Ketchum, 21 Ala. 257.
Under the act of February 20th, 1866, to regulate judicial proceedings, the…
2Cases cited4 opinions
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
- Emanuel v. KetchumSupreme Court of Alabama · 1852
- Griffin v. WilsonSupreme Court of Alabama · 1851
- Dupree v. SmithSupreme Court of Alabama · 1842
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