Smith v. Coleman
Supreme Court of Alabama
Appeal from the Chancery Court of Autauga. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. There-is only one question presented by the record. It is the action of the chancellor refusing to allow the appellant to amend his answer.
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Appeal from the Chancery Court of Autauga. Heard before the Hon. Charles Turner. The facts are contained in the opinion. 1. There-is only one question presented by the record. It is the action of the chancellor refusing to allow the appellant to amend his answer. If the amendment proposed was material, and no final decree had been made, it is clear the chancellor erred in his refusal.—Code of 1876, § 3790. 2. A decree is not filial which leaves unadjudicated any material question in litigation upon yvhich the action of the-court is invoked, and on yvhich the court proceeds to act,. but…
1Opinion of the Court
STONE, J.—
Our statutes allowing amendments of pleadings are very liberal. Section 3790 of the Code of 1876, •declares that “ amendments to bills must be allowed at any time before final decree, by striking out or adding new par-lies, or to meet any state of evidence which will authorize relief; and amendments to answers must be allowed at any time before final decree, so as to set up any matter of defence ; but such amendments to bills and answers must be .allowed on such terms as the chancellor may impose, not ■extending beyond the payment of all the costs.”
Before the motion was made to…
2Cases cited3 opinions
- King v. AverySupreme Court of Alabama · 1861
- Garner v. PrewittSupreme Court of Alabama · 1858
- Bank of Mobile v. HallSupreme Court of Alabama · 1844
3Cited by11 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Cochran v. MillerSupreme Court of Alabama · 1883
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Lee v. LeeSupreme Court of Alabama · 1880
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