Ewton v. McCracken
Alabama Court of Appeals
Appeal from Mobile Law and Equity- Court. Heard before Hon. Saffold Berney,, Trespass by Georgia 0. McCracken against C. J. Ewton and others. Judgment for plaintiff, and defendants appeal. The action was against the defendant Ewton and the sureties on his bond as constable for levying upon and taking away a lot of household goods alleged to belong to plaintiff, under an execution issued against her husband.
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Appeal from Mobile Law and Equity- Court. Heard before Hon. Saffold Berney,, Trespass by Georgia 0. McCracken against C. J. Ewton and others. Judgment for plaintiff, and defendants appeal. The action was against the defendant Ewton and the sureties on his bond as constable for levying upon and taking away a lot of household goods alleged to belong to plaintiff, under an execution issued against her husband. The summons shows that the suit was by Georgia C. McCracken, and the amendment allowed was in changing the word “George” in the complaint to “Georgia.” The motion to exclude the evidence…
1Opinion of the Court
WALKER, P. J. —
The court did not err in permitting the complaint to be amended by correcting the Christian name of the plaintiff. — Code, § 5367; Beggs & Son v. Wellman, 82 Ala. 391, 2 South. 877. The claim that by the amendment a different party plaintiff was substituted for the original one is notably without merit, in view of the fact that in the original summons in the case, which, so far as the record indicates, remained unchanged, the name of the plaintiff was stated identically as it was in the complaint as amended.
*623The record does not present for review any action of the court on the…
2Cases cited5 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Alabama Great Southern Railway Co. v. McFarlinSupreme Court of Alabama · 1911
- Central of Georgia Ry. Co. v. ThomasAlabama Court of Appeals · 1911
- Beggs & Son v. WellmanSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. PenickAlabama Court of Appeals · 1913
3Cited by1 opinion
- Mitchell v. McGuireSupreme Court of Alabama · 1943