Birmingham Iron & Development Co. v. Hood

Appellant first assigns as error the action of the trial court in permitting plaintiff, over the proper motion of defendant, to amend the summons by striking out after the name “Birmingham Iron & Development Company” the words “a partnership composed of M. R. McNeill & G. R. McNeill, M. R. .McNeill, and G. R. McNejll,” and adding in liéu thereof “a corporation”; the insiscence here being made that the action of the court permitted an entire change of parties defendant. This proposition is decided adversely to appellant’s contention. Lewis Lumber Co. v. Camody, 137 Ala. 578, 35 South. 126;…