Evans Marble Co. v. McDonald & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a suit brought by the Evans Marble Company against G. J. McDonald & Company, Daniel J. McDonald, W. W. Kearn, Jackson C. Miles, and the D. J. McDonald Stone Company, a corporation. Each of these defendants was served with process. Upon the case coming on to be heard, the plaintiff amended its complaint by striking out the name of the D. J. McDonald Stone Company as a party defendant.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This was a suit brought by the Evans Marble Company against G. J. McDonald & Company, Daniel J. McDonald, W. W. Kearn, Jackson C. Miles, and the D. J. McDonald Stone Company, a corporation. Each of these defendants was served with process. Upon the case coming on to be heard, the plaintiff amended its complaint by striking out the name of the D. J. McDonald Stone Company as a party defendant. This action was taken before the introduction of any testimony showing any personal defense to the I). J. McDonald…
1Opinion of the CourtTyson, J.
-The complaint counts upon a joint cause of action against all the defendants named in it. The record shows that each of the several defendants wras served with process.
*133Plaintiff, without sufficient reason therefor, amended its complaint by striking out one of the defendants. Thereupon the other defendants moved the court to enter a discontinuance of the entire action. The court erroneously refused the motion. — Jones v. Englehardt, 78 Ala. 506, and cases cited.
However, on a subsequent day of the term, after plaintiff had introduced evidence tending to show an improper joinder of the…
2Cases cited5 opinions
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Mock v. WalkerSupreme Court of Alabama · 1868
- Reynolds v. SimpkinsSupreme Court of Alabama · 1880
- Curtis v. GainesSupreme Court of Alabama · 1871
- Bachus v. MickleSupreme Court of Alabama · 1871
3Cited by8 opinions
- Steele v. BookerSupreme Court of Alabama · 1920
- Plunkett v. DendySupreme Court of Alabama · 1916
- Crawford v. MillsSupreme Court of Alabama · 1918
- Scarbrough v. City National BankSupreme Court of Alabama · 1908
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
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