Ballenger v. Ballenger
Supreme Court of Alabama
Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Assumpsit and conversion by Julia Ballenger against her son, J. J. Ballenger. Judgment for the plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Motion to strike was the proper method of raising the question. 112 Ala. SO, 20 South. 502. The amendments were against the spirit and letter.
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Appeal from Circuit Court, De Kalb County; W. W. Harralson, Judge. Assumpsit and conversion by Julia Ballenger against her son, J. J. Ballenger. Judgment for the plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. Motion to strike was the proper method of raising the question. 112 Ala. SO, 20 South. 502. The amendments were against the spirit and letter. Section 5367, Code 1907. The amendments were within the Code, and related back to the filing of the action. Sections 5329 and 5367, Code 1907; 201 Ala. 461, 78 South. 839.
1Opinion of the CourtThomas, J.
[1] The appeal is prosecuted upon the record. The appellant was the defendant in an action originally based upon counts in assumpsit and for conversion. The judgment entry recites that plaintiff was permitted to amend her complaint during the trial by withdrawing the count in assumpsit and by adding counts 3, 4, and 6, over the objection of the defendant. The record shows that the defendant moved to strike last-amended counts on the ground that the same were a departure. Appropriate assignments of error and argument of appellant’s counsel are directed to the action of the trial court in…
2Cases cited11 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Howton v. MathiasSupreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
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3Cited by13 opinions
- Pearson v. City of BirminghamSupreme Court of Alabama · 1923
- Roll v. DockerySupreme Court of Alabama · 1929
- Findlay v. HardwickSupreme Court of Alabama · 1935
- Wilkinson v. WrightSupreme Court of Alabama · 1933
- Bridwell v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1933
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