Payne v. Crawford
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment by L. W. Payne against Mary A. Crawford. There was judgment for plain-tin, and defendant appeals. At the request of the plaintiff the following written charges were given to the jury: (1.) “We ask the court to charge the jury that the fact that the submission for arbitration was in writing is no evidence that the arbitration was not a church arbitration.”
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. This was a statutory action of ejectment by L. W. Payne against Mary A. Crawford. There was judgment for plain-tin, and defendant appeals. At the request of the plaintiff the following written charges were given to the jury: (1.) “We ask the court to charge the jury that the fact that the submission for arbitration was in writing is no evidence that the arbitration was not a church arbitration.” (2.) “If the jury find that this arbitration was a church arbitration, then the jury must not consider it at all.” (3.)…
1Opinion of the Court
STONE, O. J.
— There was a demurrer to the complaint as second amended, because the amendment was not signed by counsel. That amendment consisted simply in a change of the description of one of the pieces of land sued for. The amending clause was intended to be substituted for another, and thereby displace and eliminate the original clause. Carried into effect, the complaint, as amended, would present the signature of counsel, and would be complete. In amendments, such as here made, it would be better to rewrite the count, and cause it to show at a glance how it would read when amended. This…
2Cases cited4 opinions
- Brewer v. BainSupreme Court of Alabama · 1877
- French v. NewNew York Supreme Court · 1855
- Burnside v. PottsIllinois Supreme Court · 1860
- Roberts v. MorganNew York Supreme Court · 1823
3Cited by9 opinions
- Utah Construction Co. v. Western Pacific Railway Co.California Supreme Court · 1916
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
- Shaw v. StateSupreme Court of Alabama · 1899
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