Deason v. Alpine Coal Co.

BRÍCKEN, P. J.

But one question is involved upon this appeal, the several assignments of error are of the same import.

The record discloses that plaintiff (appellant) filed a complaint against “Alpine Coal Company, a corporation,” on January 16, 1926. On October 19, 1926, the Alpine Coal Company filed a sworn plea of nul tiel corporation. The cause was called for trial on January 6, 1927, whereupon the plaintiff undertook and offered to amend his complaint, the effect of said proposed amendment was to strike from the complaint the “Alpine Coal Company, a corporatioin,” and to add in lieu…