Randolph v. Jones
Supreme Court of Alabama
Writ of. Error to the Circuit Court of Tuskaloosa. This was an action of assumpsit, at the suit of the defendant in error, against the plain tiff, as indorser of a promissory note, by which the maker, on the 18th May, 1842, promised to pay to M. W. L., on the first day of January, 1843, four hundred and eighteen dollars and fifty cents.
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Writ of. Error to the Circuit Court of Tuskaloosa. This was an action of assumpsit, at the suit of the defendant in error, against the plain tiff, as indorser of a promissory note, by which the maker, on the 18th May, 1842, promised to pay to M. W. L., on the first day of January, 1843, four hundred and eighteen dollars and fifty cents. The declaration alledges that a suit was brought by the plaintiff below, to the first term of the court of the county in which the maker resided, to which he was suable ; that a judgment was regularly recovered, and a writ of fieri facias thereon issued, and…
1Opinion of the CourtCollier, C. J.
There can be no question, but it would have been competent for the court in which the suit was brought against the maker of the note to have permitted the declaration to be amended either before or after judgment, so as to make it conform to the truth of the case. The terms of our statutes of amendment are very broad, and have always been liberally expounded; because they are remedial in their character, and intended to secure the administration of justice, upon liberal principles. They prescribe no limitation beyond which the discretion of the court shall not go, and the inquiry in every…
2Cases cited1 opinion
- Bank of the State v. JohnsonSupreme Court of Alabama · 1846