Wharton v. King
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. Leroy F. Box. The facts are stated in the opinion.
1Opinion of the CourtStone, J.
There are two points upon which the-judgment in this case must be reversed. First, on the variance between the allegations and proof. The complaint, as originally filed, counts on a sale of goods, wares and merchandise, made by Echols & King, as copartners, to the defendant Wharton. The complaint then stood in the names of W. L. Echols & W. B. King, late partners, against Benj. B. Wharton. The complaint, by leave of the court, was afterwards amended “by striking out the name of Wm. L. Echols as party plaintiff.” In all other respects it was left unchanged. It then stood as a •suit by King, to…
2Cases cited4 opinions
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Castleman v. JeffriesSupreme Court of Alabama · 1877
- White v. The GovernorSupreme Court of Alabama · 1851
- Brazier v. FortuneSupreme Court of Alabama · 1846
3Cited by22 opinions
- Dyer v. DuffyWest Virginia Supreme Court · 1894
- Liddell v. ChidesterSupreme Court of Alabama · 1887
- Roach v. PrivettSupreme Court of Alabama · 1890
- Weaver v. BrownSupreme Court of Alabama · 1888
- McNeil v. Ritter Dental Mfg. Co.Supreme Court of Alabama · 1925
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