Abbott v. Alabama Coca Cola Bottling Co.

CARR, Judge.

J. J. Abbott brought suit against the Coca Cola Bottling Company, a corporation.

The Alabama Coca Cola Bottling Company, a corporation, appeared specially and filed a plea in abatement which in effect alleged that it had never been known by the name first indicated above.

The plaintiff then sought to amend his complaint by the following document (omitting formal parts) :

“Comes now the plaintiff and with permission of the -Court first had and obtained amends his complaint in the following manner as follows:

“Plaintiff avers that the true and correct name of defendant is: ‘Alabama Coca…