Rarden Mercantile Co. v. Whiteside
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. This was an action of detinue begun by Charlie Whiteside against J. W. Rarden for- a horse, wagon and harness. The summons and complaint were amended so as to make the Rarden Mercantile Co., a defendant and pending the trial and before submission of the case to the jury, the summons and complaint were again amended by striking J. W. Rarden as a party leaving the Rarden Mercantile Co., the sole party defendant.
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Appeal from Bessemer City Court. Heard before Hon. B. C. Jones. This was an action of detinue begun by Charlie Whiteside against J. W. Rarden for- a horse, wagon and harness. The summons and complaint were amended so as to make the Rarden Mercantile Co., a defendant and pending the trial and before submission of the case to the jury, the summons and complaint were again amended by striking J. W. Rarden as a party leaving the Rarden Mercantile Co., the sole party defendant. The court should have discontinued the cause after striking out defendant, J. W. Rarden. It worked an entire change of…
1Opinion of the Court
DENSON,- J.
This action was commenced against J. W. Rarden as sole defendant. Before the term at which the trial was had the plaintiff amended the complaint by adding the Rarden Mercantile Company, a corporation, as a party defendant. Both parties, defendant appeared and filed pleas to the merits. On the trial, after the testimony was closed, the plaintiff, with leave of the court, again amended the complaint by striking out 'J. W. Rarden, the original defendant, as a party defendant, thus leaving the Rarden Mercantile Company the sole defendant in the action. After the last amendment was made…
2Cases cited5 opinions
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