Taylor v. Perry
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before Hon, Jas. Q. Smith.' The action in this Gase was commenced by the appellee against the appellant, as the. executrix of Jesse P. Taylor, deceased. The original complaint was on a note for $2,421 62-100, made by her, as executrix, (fee., as aforesaid, on the 16th day of March, 1858, payable to "W. B. S. Gilmer tMelye months after date, with interest from date.
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Appeal from the Circuit Court of Montgomery. Tried before Hon, Jas. Q. Smith.' The action in this Gase was commenced by the appellee against the appellant, as the. executrix of Jesse P. Taylor, deceased. The original complaint was on a note for $2,421 62-100, made by her, as executrix, (fee., as aforesaid, on the 16th day of March, 1858, payable to "W. B. S. Gilmer tMelye months after date, with interest from date. To this complaint a demurrer was filed by defendant; afterwards, but before said denmrrer was disposed of, the complaint was amended by adding new counts and striking out the…
1Opinion of the Court
PECK, C. J.-
1. Section 2809 of the Revised Code, and the construction it has heretofore received in this court, fully, justified the amendment of the original complaint in this case. — Crim’s adm’r v. Crawford, 29 Ala. 623; Zeigler & Hall v. David, 23 Ala. 127; Jemison v. P. & M. Bank, 23 Ala. 168 ; Gayle v. Bancroft’s adm’r, 22 Ala. 316,
2. Demurrers were filed to all the counts except the *245fifth, the ground being that the counts did dot show that the plaintiff was the party really interested in the claim sued on in the several counts respectively.
It must be admitted that these counts are not…
2Cases cited9 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Leaird v. MooreSupreme Court of Alabama · 1855
- Arnold v. CampNew York Supreme Court · 1815
- Mooring v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1855
- Zeigler v. DavidSupreme Court of Alabama · 1853
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- Clark v. Oregon Short Line R. R.Montana Supreme Court · 1909
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