Sanders v. Knox
Supreme Court of Alabama
APPEAL from Circuit Court of Pike. Tried before Hon. H. X). Clayton. The appellees, Knox and others, brought trover against Sanders for the conversion of two bales of cotton, partnership property of the firm of Knox, Malone & Knox, title to which was in J. B. Knox and Malone, as survivors. The complaint was originally in the name of these two as survivors, and another as personal representative of the deceased partner.
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APPEAL from Circuit Court of Pike. Tried before Hon. H. X). Clayton. The appellees, Knox and others, brought trover against Sanders for the conversion of two bales of cotton, partnership property of the firm of Knox, Malone & Knox, title to which was in J. B. Knox and Malone, as survivors. The complaint was originally in the name of these two as survivors, and another as personal representative of the deceased partner. During the closing speech of the defendant, the court, at the instance of the plaintiffs, allowed the plaintiffs to amend the complaint by striking out the name of the personal…
1Opinion of the CourtBrickell, C. J.
1. The complaint was originally in the name of two as survivors, and another as the personal representatives of a deceased partner. There was a misjoinder of plaintiffs, the suit being for the conversion of partnership property, the title to which was in the survivors, and in which the personal representative of the deceased partner was without interest. The irregularity was amendable, and it was proper the leave to amend should be granted at any time before the retirement of the jury. There is no limit to the right of amendment under our .statute, except that there must not be an entire…
2Cases cited8 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Prater v. MillerSupreme Court of Alabama · 1854
- Harrison v. HicksSupreme Court of Alabama · 1835
- Dubose v. YoungSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953
- Bennett v. BennettSupreme Court of Alabama · 1932
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Brannon v. StateAlabama Court of Appeals · 1917
- Williams v. BoldingSupreme Court of Alabama · 1929
39 more not listed; retrieve them via the Exa API.