Crimm's Adm'rs v. Crawford
Supreme Court of Alabama
Appeal from the Circuit Court of Pickens. Tried before the Hon. 0. W. Rapier. The complaint in this case, as amended, (the words inserted by way of amendment being italicized,) was as follows : “ James W. Crawford, adm’r \ The plaintiff, as administra-de bonis non of Nancy Cul-1 tor de bonis non of JYancy Cul-lens, deceased, plaintiff, \ lens, deceased, claims of the dews.
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Appeal from the Circuit Court of Pickens. Tried before the Hon. 0. W. Rapier. The complaint in this case, as amended, (the words inserted by way of amendment being italicized,) was as follows : “ James W. Crawford, adm’r \ The plaintiff, as administra-de bonis non of Nancy Cul-1 tor de bonis non of JYancy Cul-lens, deceased, plaintiff, \ lens, deceased, claims of the dews. Vfendant the folowing slaves— Thomas Orimm, defendant, /to-wit: Ben, a man about fifty years of age, and Esseck, or Essex, a man about twenty-six years of age ; with the value of the hire, or use thereof, during the…
1Opinion of the CourtWalker, J.
If the amendment was, in itself, proper, there could be no impropriety in the voluntary suggestion by the court, that it would be allowed. The making such suggestion is a matter which must be left to the discretion of the court trying the cause.
It is settled by our previous decisions, that it is not error, for the circuit court to allow an amendment of the pleadings *626after the evidence has been closed and the argument concluded. — Prater v. Miller, 25 Ala. 320 ; Goldsmith Forcheimer & Co. v. Picard, 27 Ala. 142 ; contra, Watkins v. Canterbury, 4 Porter, 415.
Our statute of amendments is very…
2Cases cited6 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Prater v. MillerSupreme Court of Alabama · 1854
- Fry v. EvansNew York Supreme Court · 1832
- Gibson v. LandSupreme Court of Alabama · 1855
- Agee v. WilliamsSupreme Court of Alabama · 1855
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