Crosthwait v. Pitts
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This is an action brought by the appellant as plaintiff, against the appellees, as sureties on the official bond of one John A. Baker, a justce of the peace, in Jefferson county, Alabama, for damages for the wrongful act of the said Baker in making a false certificate to a mortgage.
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This is an action brought by the appellant as plaintiff, against the appellees, as sureties on the official bond of one John A. Baker, a justce of the peace, in Jefferson county, Alabama, for damages for the wrongful act of the said Baker in making a false certificate to a mortgage. Baker was first made a party defendant to the cause, but he died while the suit was pending, and the complaint was then amended by striking him out as a party defendant because of the said death. It is averred in the complaint as…
1Opinion of the CourtDowdell, J.
Tfie amendment of tfie complaint by striking out tfie name of Baker as a party defendant did not operate a discontinuance of tfie cause. The record shows that Baker died after the commencement of the suit, and before the amendment by striking his name as a party defendant. Tfie amendment, therefore, was in effect, nothing more than an order abating the suit as to him.
Tfie only difference between tfie case at bar and that of McClendon v. American Freehold Land Mortgage Co., 119 Ala. 518, as to tfie parties, is that in tfie latter tfie suit was by the mortgagee, and here tfie suit is by *424tlie…
2Cases cited1 opinion
- McLendon v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1898
3Cited by6 opinions
- Broom v. DouglassSupreme Court of Alabama · 1912
- Lacey v. HendricksSupreme Court of Alabama · 1910
- Bull v. AlbrightSupreme Court of Alabama · 1950
- Early v. FitzpatrickSupreme Court of Alabama · 1909
- Duffin v. SummervilleAlabama Court of Appeals · 1913
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