Jones v. Engelhardt
Supreme Court of Alabama
From the Circuit Court of Montgomery. Tried before the IIon. John P. ÍEubbard. This action was. brought by John H. Engelhardt, against W. B. Jones and W. C. Wright, and was commenced on the 1st January, 1885. The complaint contained a special count, which sought to enforce a statutory lien in favor of the plaintiff, for work done and materials furnished by plaintiff in the construction and repair of a dwelling-house owned by said Jones, under a sub-contract made by plaintiff…
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From the Circuit Court of Montgomery. Tried before the IIon. John P. ÍEubbard. This action was. brought by John H. Engelhardt, against W. B. Jones and W. C. Wright, and was commenced on the 1st January, 1885. The complaint contained a special count, which sought to enforce a statutory lien in favor of the plaintiff, for work done and materials furnished by plaintiff in the construction and repair of a dwelling-house owned by said Jones, under a sub-contract made by plaintiff with said W. C. Wright, who was the original contractor; and the common counts were added. The court sustained a…
1Opinion of the CourtClopton, J.
The assignments of error relate to the rulings of the court on a motion to enter a discontinuance of the action, and a subsequent motion in arrest of judgment. Both motions are founded on an amendment of the complaint, striking out the name of Wright as a defendant, and discontinuing the suit as to him. The contestation is, whether the effect of the amendment is a discontinuance of the action as against appellant.
The general rule, as settled by our uniform decisions, is not controverted, that when a suit is brought on a joint, or a joint and several contract, against two or more defendants,…
2Cases cited8 opinions
- Leaird v. MooreSupreme Court of Alabama · 1855
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Walker v. Mobile Marine Dock & Mutual InsuranceSupreme Court of Alabama · 1858
- Mock v. WalkerSupreme Court of Alabama · 1868
- Steed v. McIntyreSupreme Court of Alabama · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gamble v. KellumSupreme Court of Alabama · 1892
- Lee v. WimberlySupreme Court of Alabama · 1893
- Courtesy Ford Sales, Inc. v. FarriorCourt of Civil Appeals of Alabama · 1974
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Copeland v. Dixie Const. Co.Supreme Court of Alabama · 1927
14 more not listed; retrieve them via the Exa API.