Hanchey v. Brunson
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by William J. Hanchey against John F. Brunson for malicious prosecution. Judgment for defendant, and plaintiff appeals.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by William J. Hanchey against John F. Brunson for malicious prosecution. Judgment for defendant, and plaintiff appeals. The court erred in imposing costs as a condition precedent to allowing the amendments offered. — Jicmchey v. Branson, 56 South. 971; Sec. 5367, Code 1907. The record does not disclose, but what injustice would result to defendant, and the court properly imposed cost as conditions, and this court wall presume that there was matter justifying such imposition of cost. — Sec. 5367, Code 1907.
1Opinion of the CourtAnderson, J.
The sole question presented by this appeal is whether or not the trial court can be reversed for requiring of the plaintiff the payment of the cost of the term as a condition precedent to the allowance of the amendment of the complaint.
Section 5367 of the Code of 1907 authorizes amendments during the progress of the case, without cost or delay, unless injustice will thereby be done the opposite party. It must be' observed that a party has the right to amend in any instance covered by the statute, and at any time during the progress of the case, and without cost or delay unless an injustice is…
2Cited by9 opinions
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