Smalley v. Bank of Albertville
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Detinue by the Bank of Albertville against J. E. Smalley. Judgment for plaintiff, and defendant appeals. The amendment sufficiently appears. The complaint was further amended by adding the counts in assumpsit. The pleas were payment, and the suggestion that the detinue suit was founded upon the mortgage, with the request that the amount due thereon be ascertained.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Detinue by the Bank of Albertville against J. E. Smalley. Judgment for plaintiff, and defendant appeals. The amendment sufficiently appears. The complaint was further amended by adding the counts in assumpsit. The pleas were payment, and the suggestion that the detinue suit was founded upon the mortgage, with the request that the amount due thereon be ascertained. The note contained the mortgage clause conveying certain personal property, together with the crops. It appeared that the bank of Arab was a branch of the Bank of…
1Opinion of the CourtBrown, J.
In the complaint as originally filed, the plaintiff was styled, the “Bank of Arab, a corporation.” During the progress of the trial it was shown that there was no süch corporation as the “Bank of Arab;” that the plaintiff’s true corporate name was the Bank of Albertville; and that its branch bank at Arab was styled, the “Bank of Arab.” On this showing the court properly allowed the plaintiff to amend the complaint by substituting the word “Albertville” for “Arab.” — McDonough v. Commercial State Bank, infra, 73 South. 754. The allowance of the amendment cured the errors in the previous…
2Cases cited1 opinion
- McDonough v. Commercial State BankAlabama Court of Appeals · 1916
3Cited by1 opinion
- Van Landingham v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1942