Berry v. Ferguson
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. Joña HaralsoN. The appellants, Berry and Evans, were sued before a justice of the peace, on the same day, in three several suits, on promissory notes made by them on the 30th day of September, 1869, payable respectively on the first day of April, July and October following, “to J. M. Dedman as administrator of Hugh Eerguson.”
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Appeal from City Court of Selma. Tried before Hon. Joña HaralsoN. The appellants, Berry and Evans, were sued before a justice of the peace, on the same day, in three several suits, on promissory notes made by them on the 30th day of September, 1869, payable respectively on the first day of April, July and October following, “to J. M. Dedman as administrator of Hugh Eerguson.” Each of these notes was for $37.50. In the proceedings before the justice the plaintiffs are stated to be “Thos. 0. Ferguson, Emily Eerguson, P. D. Barker, et al., heirs of Hugh Ferguson.” No defense was made before the…
1Opinion of the CourtManning, J.
1. There was no error in consolidating in *316the City Court, the three separate actions brought before the justice of the peace, and removed thence together by certiorari upon a single petition of these appellants, and one bond executed by them, into the City Court. The parties to each of the actions were the same; the notes upon which they were founded are all of the same date; and they appear to have been given in the same transaction.
2. The statute of jeofails authorizes, according to the construction given to it in several cases, the amendment of a complaint by the addition of new parties…
2Cited by8 opinions
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Garrison v. GlassSupreme Court of Alabama · 1903
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Birmingham Flooring Mills v. Wilder & Co.Supreme Court of Alabama · 1888
- Sulzby v. PalmerSupreme Court of Alabama · 1916
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