Moore's Adm'r v. Alvis

In King and Wife v. Avery, 37 Ala. 169, we construed' the third section of the act “ amendatory of the proceedings in chancery,” (Pamphlet Acts 1857-8, p. 230.) We then held, that “ any amendment of a bill, either as to parties or averments, which may become necessary to meet the justice of the case, or to meet any state of proof that will authorize relief, must be allowed by the chancellor.” We held, however, that an amendment which effected an entire change in parties, either complainant or defendant, would not be allowed. Neither would it be allowable to so change the averments of the bill…