Truss v. Miller
Supreme Court of Alabama
Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed by the appellee, J. W. Miller, against the appellants, C. 0. Truss and P. P. Clarkson, on April 1st, 1893. The averments of the original bill disclosed the following facts : Miller and Clarkson on the 3d day of December, 1886, purchased from one W. H. Williams, each purchasing an undivided oné-half interest, certain specifically described land.
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Appeal from the Chancery Court of Jefferson. Heard before the Hon. Thomas Cobbs. The original bill in this case was filed by the appellee, J. W. Miller, against the appellants, C. 0. Truss and P. P. Clarkson, on April 1st, 1893. The averments of the original bill disclosed the following facts : Miller and Clarkson on the 3d day of December, 1886, purchased from one W. H. Williams, each purchasing an undivided oné-half interest, certain specifically described land. Not paying all the purchase money in cash, they gave their promissory note to Williams for the balance, to-wit, $1,812.50, bearing…
1Opinion of the CourtBrickell, C. J.
The correction by amendment, at any time before final decree, of insufficiency or of error, in the allegations or prayer of a bill in equity, is matter of right secured by statute. — Code of 1886, § 3449. The limitation of the right is, that by amendment, an entirely new case may not be made; nor, what is essentially the same thing, a radical departure from the cause of action as stated in the original bill; nor an entire change of parties plaintiff or defendant.. Within this limitation, all errors of omission or commission are curable by amendment. • The theory of the demurrer to the…
2Cases cited21 opinions
- Kennedy's Heirs v. Kennedy's HeirsSupreme Court of Alabama · 1841
- Marks v. CowlesSupreme Court of Alabama · 1878
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Knighton v. CurrySupreme Court of Alabama · 1878
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3Cited by39 opinions
- Lowery v. MaySupreme Court of Alabama · 1925
- Hill v. RiceSupreme Court of Alabama · 1953
- O'Dell v. StateSupreme Court of Alabama · 1959
- Henry v. IdeSupreme Court of Alabama · 1922
- Ellis v. VandergriftSupreme Court of Alabama · 1911
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