Stowers Furniture Co. v. Brake
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by N. G. Brake against the Stowers Furniture Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by N. G. Brake against the Stowers Furniture Company. From a judgment for plaintiff, defendant appeals. Tbe complaint is as follows: “Plaintiff claims of defendant tbe sum of $5,000 as damages, for that heretofore, to wit, on or about the 17th day of October, 1905, the defendant, its servants, agents or employes, while acting within the scope of their employment, entered into the house occupied by plaintiff, and then and there assaulted and heat her, and then and there took from her possession and carried away her…
1Opinion of the CourtDenson, J.
The complaint as originally filed contained only one count. In it the defendant was described as “Stowers Furniture Company,” without any averment to show whether it was a partnership or a corporation. The court properly allowed the amendment showing that the defendant is a corporation.-Ex parte Nicrosi, 103 Ala. 104, 15 South. 507. Nor did the court err in allowing counts A, B, C, D, and E as amendments to the complaint.
The action, then, is against a corporation; and each count of the complaint alleges trespass vi et armis to the person, and trespass vi et armis and de bonis asportatis,…
2Cases cited29 opinions
- Washington v. StateSupreme Court of Alabama · 1894
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Street v. SinclairSupreme Court of Alabama · 1881
- Western Union Tel. Co. v. RowellSupreme Court of Alabama · 1907
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
24 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Padgett v. StateAlabama Court of Appeals · 1969
- Girard v. AndersonSupreme Court of Iowa · 1934
- Lowery v. JonesSupreme Court of Alabama · 1929
- Webb v. DicksonSupreme Court of Alabama · 1964
28 more not listed; retrieve them via the Exa API.