Golden v. Conner
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by M. Conner against L. H. Golden, and was commenced on the 28th December, 1886. The complaint, as copied in the transcript, contained a single count, in these words: “Plaintiff claims of defendant $203.18, due by account Oct. 1st, 1884, for goods and merchandise sold by ( ?) defendant during the year 1884, together with the interest thereon; and as to said amount, the…
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by M. Conner against L. H. Golden, and was commenced on the 28th December, 1886. The complaint, as copied in the transcript, contained a single count, in these words: “Plaintiff claims of defendant $203.18, due by account Oct. 1st, 1884, for goods and merchandise sold by ( ?) defendant during the year 1884, together with the interest thereon; and as to said amount, the defendant, to secure the same, waived his right of exemption secured to him under the constitution and laws, by writing under…
1Opinion of the CourtClopton, J.
It appears from the record, that the complaint, as originally framed and filed, counts upon an account for goods and merchandise sold to defendant during the year 1884, and also contains an averment of a waiver of exemptions. Though leave was twice granted by the court to the plaintiff to amend his complaint, the record does not show that any amendment was in fact made. We find nothing from which to determine whether the leave to amend was properly, or improperly granted; but, if erroneous, no amendment having been made, the error is without injury.
The purpose of the statute requiring a…
2Cases cited3 opinions
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Harrison & Robinson v. JohnstonSupreme Court of Alabama · 1855
- Moses Bros. v. Noble's Adm'rSupreme Court of Alabama · 1888
3Cited by8 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Sherrill v. Merchants & Mechanics T. & S. BankSupreme Court of Alabama · 1915
- Sovereign Camp W. O. W. v. WardSupreme Court of Alabama · 1916
- Redd Bros. v. ToddSupreme Court of Alabama · 1922
- Woodmen of the World v. MaynorSupreme Court of Alabama · 1921
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