Legal Opinion

Steed v. McIntyre

Supreme Court of Alabama

Decided December 15, 1880PublishedCited by 11 opinions

Appeal from Clay Circuit Court. Tried before Hon. Geo. H. Craig. This was an action of assumpsit, brought by James McIntyre, the appellee, against Alexander M. Steed and John L. Seay, the appellants, for work and labor done by the appellee at tiie instance and request of the appellants. On the trial it was disclosed, that the appellee was employed jointly by the aopellants, and E. A. Crandall and Samuel M. McOollough.

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Appeal from Clay Circuit Court. Tried before Hon. Geo. H. Craig. This was an action of assumpsit, brought by James McIntyre, the appellee, against Alexander M. Steed and John L. Seay, the appellants, for work and labor done by the appellee at tiie instance and request of the appellants. On the trial it was disclosed, that the appellee was employed jointly by the aopellants, and E. A. Crandall and Samuel M. McOollough. Thereupon the court allowed the appellee, against the appellant’s objection, to file an amendment to bis complaint alleging, in substance, that the contract of employment was…

1Opinion of the Court

BRICKELL C. J.

The single limitation on the right to amend a complaint in an action at law, is, that there can not be,an entire change of parties, plaintiffs or defendants, or the introduction of an entirely new cause of .action. The want of proper parties, plaintiff or defendant, or the misjoin-der of either plaintiffs or defendants, may be cured by amendment. Any and all misdescriptions of the contract may also be cured by an amendment at any time, while the cause is in progress.—Code of 1876, § 3156. Ths original complaint was founded on a contract averred to have been made by the…

2Cases cited1 opinion

  1. McKee v. GriffinSupreme Court of Alabama · 1877

3Cited by11 opinions

  1. Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
  2. Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
  3. Conner & Wife v. SmithSupreme Court of Alabama · 1889
  4. Jones v. EngelhardtSupreme Court of Alabama · 1885
  5. Birmingham Gas Co. v. SanfordSupreme Court of Alabama · 1932

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