Dowling v. Blackman
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the TIon. H. D. Clayton. This action was brought by Thomas G-. Blackman, against John W. Dowling, and was commenced on the 20th August, 1874. The original complaint contained but a single count, claiming $200 “ due by promissory note made by defendant on the 29th day of December, 1869, and payable to plaintiff on the 1st day of January, 1871, with the interest thereon.”
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Appeal from the Circuit Court of Dale. Tried before the TIon. H. D. Clayton. This action was brought by Thomas G-. Blackman, against John W. Dowling, and was commenced on the 20th August, 1874. The original complaint contained but a single count, claiming $200 “ due by promissory note made by defendant on the 29th day of December, 1869, and payable to plaintiff on the 1st day of January, 1871, with the interest thereon.” On the second trial of the cause, at the March term, 1881, the plaintiff amended his complaint, by leave of the court, by adding a special count on a written contract signed…
1Opinion of the CourtSomebville, J.
Wé are not disposed to depart from the principles announced in this case when here before on appeal, as reported under the title of Blackman v. Dowling, 63 Ala. 304. We adhere to these principles, without further discussion of them.
2. The amendment of the complaint, authorized by the court, was properly allowed. “ The only limit to the right of amendment, under our statutes, is, that there must not be an entire change of parties, nor the substitution of an. entirely new cause of action.”—Long v. Patterson, 51 Ala. 414.
3. Nor was the new count, as substituted by the amendment, barred by the…
2Cases cited7 opinions
- King v. AverySupreme Court of Alabama · 1861
- Reed v. ScottSupreme Court of Alabama · 1857
- Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860
- Long v. PattersonSupreme Court of Alabama · 1874
- Blackman v. DowlingSupreme Court of Alabama · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pickett v. Doe ex rel. PopeSupreme Court of Alabama · 1883
- Bolman v. LohmanSupreme Court of Alabama · 1883
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Schloss v. HewlettSupreme Court of Alabama · 1886
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