Tenison v. Martin
Supreme Court of Alabama
Error to the Circuit Court of Cherokee. Before the Hon. G. W. Lane. ' Assumpsit by defendant in error, who was plaintiff below, against Tho. Tenison.
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Error to the Circuit Court of Cherokee. Before the Hon. G. W. Lane. ' Assumpsit by defendant in error, who was plaintiff below, against Tho. Tenison. The declaration, which contains several counts, avers that the plaintiff, on the 30th March, 1843, being in possession of a certain improvement on the southwest fractional quarter of section, No. 36, in township No. 9, in range No. 10, east, &c. and being entitled to a pre-emption right upon the same, under the provisions of the act of congress, passed the first day of June, 1840, at the request of the defendant, relinquished his pre-emption…
1Opinion of the CourtChilton, J.
In ex parte Ryan, 9 Ala. R. 90, it is said, the act of 1807, (Clay’s Dig. 321, § 60,) which directs the *27courts in which any cause is depending, “at any time to permit either of the parties to amend any defect in the process, or pleadings, upon such conditions as the said courts, respectively, shall in their discretion, and by their rules, prescribe,” being a beneficial enactment and promotive of the remedy, should be liberally expounded, and that the authority thus generally conferred is not to be limited to cases where there is something by which to amend apparent on the record. It is not…
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