Humphries v. Dawson
Supreme Court of Alabama
Appeal-from, the Circuit Court’of Chambers. Tried before tbe Hon.. Robert Dougherty. ' This action was brought by Samuel Dawson,, against John R. Humpbides, to recover a negro woman named Becky, with her four children, and damages for their detention.
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Appeal-from, the Circuit Court’of Chambers. Tried before tbe Hon.. Robert Dougherty. ' This action was brought by Samuel Dawson,, against John R. Humpbides, to recover a negro woman named Becky, with her four children, and damages for their detention. The original complaint is nowhere set out in the record; but the bill of exceptions states, “that-the plaintiff moved to amepd bis complaint, by adding,, after the words ‘ trustee of Leonora Hobbs and Frances Dillard,’ the words £ and fqr the remainder-men which are their children f.to which amendment the defendant, objected, as-changing the…
1Opinion of the CourtR. W. Walker, J.
[1.] The -original complaint described the plaintiff as “trustee of Leonora Hobbs and Frances Dillard.” Upon the trial, against the defendant’s objection, the plaintiff was permitted to amend the complaint, by adding, “and for the remainder-men which are their children.” In this we think there was no error. The original complaint averred'that the plaintiff was suing, not as an individual, but in a representative capacity. The amendment is but a further and niore accurate description *204of his representative capacity, and did not substitute a new cause of action. If the complaint had been by the…
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