Hayes v. Sanders, Vann & Chalker
Alabama Court of Appeals
Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. Action by Sanders, Vann & Chalker against Mrs. Charlie Rodgers, wherein, on plaintiff’s motion, nonsuit was set aside, cause reinstated, and by leave of court the summons and complaint amended by adding Tom Hayes and Curtis Hayes as defendants, and by adding a count in trover. Erom judgment for plaintiff, defendant Curtis Hayes appeals.
1Opinion of the CourtSameord, J.
This action was begun by the plaintiff against Mrs. Charlie Rodgers, and originally was a suit in detinue for the recovery of some hogs claimed by the plaintiff. After the levy of the writ of detinue by the sheriff the plaintiff took a nonsuit. Subsequently, and within the time allowed by law, on motion of plaintiff, the nonsuit was set aside and the cause was reinstated on the docket, and by leave of the court the summons and complaint was amended by adding Tom Hayes and'Curtis Hayes as parties defendant, and by adding a count in trover to the complaint, claiming for a conversion of the…
2Cases cited3 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Vinegar Bend Lumber Co. v. Chicago Title & Trust Co.Supreme Court of Alabama · 1901
- Rowan v. HutchissonSupreme Court of Alabama · 1855