Copeland v. Dixie Const. Co.

With respect to the statutory right to amend a complaint “by striking out or adding new parties plaintiff, or by striking out or adding new parties defendant” (Code 1852, § 2403), it was held in Leaird v. Moore, 27 Ala. 326 (1855), that no amendment was authorized which worked a complete change of parties. The original statute has been amplified in some respects, but as to striking out or adding parties it has remained unchanged through successive codifications down to the present time. Code 1923, § 9513.

The original construction has been uniformly adhered to by this court, and the…