Doe ex dem. Evans v. Richardson
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥n. E. Clarke. This action was brought by Abe Evans, to recover an undivided half interest in a certain lot or parcel of land in the city or Mobile.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥n. E. Clarke. This action was brought by Abe Evans, to recover an undivided half interest in a certain lot or parcel of land in the city or Mobile. Mahala Loughridge was named as tenant in possession, in the original notice; and a summons was issued against her on the 23d January, which was served on the 28th January, 1878. She appeared, and filed a plea averring that, at the commencement of the suit, and when her plea was filed, she was the wife of Joseph Eiehardson, and her name was Mahala Eiehardson. Thereupon, by leave of the…
1Opinion of the CourtOlopton, J.
— Section 3156 of' Code 1876 authorizes the amendment of the complaint, by striking out or adding new parties defendant, upon such terms and conditions as the justice of the case may require. The amendment, when allowed, relates to the date of filing the original complaint. The limitation upon this doctrine of relation to the commencement of the suit is, that the amendment will not be permitted to deprive the defendant of any rightful and legal defense. When any new matter or claim, not within the lis pendens and the issue between the parties, is -introduced by amendment during the progress…
2Cases cited7 opinions
- King v. AverySupreme Court of Alabama · 1861
- Mohr v. LemleSupreme Court of Alabama · 1881
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Overdeer v. WileySupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Springer v. SullivanSupreme Court of Alabama · 1928
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- American Union Telegraph Co. v. DaughterySupreme Court of Alabama · 1889
- Manchester Fire Assurance Co. v. FeibelmanSupreme Court of Alabama · 1897
- Jones v. McPhillipsSupreme Court of Alabama · 1886
9 more not listed; retrieve them via the Exa API.