Stephenson v. Parsons
Alabama Court of Appeals
Appeal from Jefferson Circuit Court.- Heard before Hon. E. C. Crowe. Action by L. L. Stephenson and another against M. W. Parsons, constable, and the sureties on his bond for damages for returning a replevy bond forfeited. Judgment for defendants and plaintiffs appeal.
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Appeal from Jefferson Circuit Court.- Heard before Hon. E. C. Crowe. Action by L. L. Stephenson and another against M. W. Parsons, constable, and the sureties on his bond for damages for returning a replevy bond forfeited. Judgment for defendants and plaintiffs appeal. Appellant complains of the sustaining of demurrers to the original counts of his complaint and cite authorities in support of his contention, but in view of the opinion it is not deemed necessary to here set them out. They insist, however, on rehearing, that no action was taken in reference to an amendment until after the…
1Opinion of the CourtWalker, P. J.
The only errors assigned are the rulings of the court in sustaining demurrers to counts 1, 2, 3, 1, 5, and 6 of the complaint.
After those rulings. were made, the complaint was amended by a separate paper, the first paragraph of which was as follows: “Now come the plaintiffs in the above-styled cause, and ask leave of the court to amend their complaint by striking therefrom the original com*617plaint as filed, viz., count 1, and also the counts added thereto by way of amendment, viz., counts 2, 3, 1, 5, and 6, and to substitute therefor as the complaint in this cause the following counts,…
2Cited by2 opinions
- James v. Laidlaw Contracting CompanySupreme Court of Alabama · 1964
- S. E. Webb & Co. v. RileyAlabama Court of Appeals · 1918