Foster v. Napier
Supreme Court of Alabama
Appeal from Bullock Circuit Court: Tried before Hon. IT. D. Clayton. This was an action on the case by George C. Napier against Sterling J. Foster, to recover damages for the malicious prosecution of the plaintiff by the defendant, and was commenced on 10th August, 1*81. The complaint, as originally filed, contained three counts, in each of which the offense for which the plaintiff was prosecuted, is averred to have been the selling and removing of personal property on which…
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Appeal from Bullock Circuit Court: Tried before Hon. IT. D. Clayton. This was an action on the case by George C. Napier against Sterling J. Foster, to recover damages for the malicious prosecution of the plaintiff by the defendant, and was commenced on 10th August, 1*81. The complaint, as originally filed, contained three counts, in each of which the offense for which the plaintiff was prosecuted, is averred to have been the selling and removing of personal property on which the defendant had a lien, etc., the offense created by the statute now embodied in section 4353 of the Code of 18^6;…
1Opinion of the Court
BBICKELL, C. J.-
— Pleadings, in civil actions at common law,, are amendable at any time while the cause is in progress; at any time before the rendition of final judgment, for until then the proceedings are said to be in fieri. — McBrayer v. Cariker, 64 Ala. 50; Burkham v. Mastin, 54 Ala. 122. If the matter of the amendment is proper, the pendency of pleas *602in bar. or in abatement, the legal, effect of which the amendmént may obviate, is rather a reason for than an objection to its allowance. In Crim v. Crawford, 29 Ala. 623, it is said: “ Our statute of amendments is very liberal, and is…
2Cases cited13 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Savage v. BenhamSupreme Court of Alabama · 1849
- McBrayer v. CarikerSupreme Court of Alabama · 1879
- O'Neal v. BrownSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Kaplan v. ColemanSupreme Court of Alabama · 1912
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Ex Parte State Mutual Ins. Co.Supreme Court of Alabama · 1997
- Russell v. BushSupreme Court of Alabama · 1916
- Sessions v. Jack Cole CompanySupreme Court of Alabama · 1963
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