Ex parte Delpey
Supreme Court of Alabama
Original petition in Supreme Court. Petition by A. Delpey, Sr., for mandamus directed to Honorable A. H. Benners, as Chancellor, to require him to allow an amendment to a bill filled by the petitioner against the Thompson Realty Company.
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Original petition in Supreme Court. Petition by A. Delpey, Sr., for mandamus directed to Honorable A. H. Benners, as Chancellor, to require him to allow an amendment to a bill filled by the petitioner against the Thompson Realty Company. Complainant was entitled to have the amendment to the bill as prayed for, and the chancellor was in error in declining to grant it.- — § 3126, Code 1907; Pitts v. Powledge, 56 Ala. 147; Jones v. Reese, 65 Ala. 144; Smith v. Gordon, 136 Ala. 495; Gulf G. & G. Go. v. Ala. G. & G. Go., 145 Ala. 628; Bledsoe v. Price, 132 Ala. 621; Ala, T. Go. v. Hall> 152 Ala.…
1Opinion of the CourtMcCLELLAN, J.
The single question presented by the petition for the writ of mandamus and the answer to the rule nisi is whether the amendment of the original bill, denied allowance by the chancellor, proposed a departure from the original bill. The original bill averred that in 1904 complainant purchased by lease-sale contract a lot, with the improvements thereon; that the contract, exhibited with the bill, was signed “Thompson Realty Company, by J. Cary Thompson, Manager;” that complainant went into possession of the property in 1904, and has been continuously since in possession thereof; that the…
2Cases cited4 opinions
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
- Pitts v. PowledgeSupreme Court of Alabama · 1876
- Ingraham v. FosterSupreme Court of Alabama · 1857
- Fite, Porter & Co. v. KennamerSupreme Court of Alabama · 1890
3Cited by9 opinions
- Moseley v. RitterSupreme Court of Alabama · 1933
- McGowin v. McGowinSupreme Court of Alabama · 1936
- Benton v. BentonSupreme Court of Alabama · 1926
- Rudulph v. BurginSupreme Court of Alabama · 1929
- Garrett v. First Nat. Bank of MontgomerySupreme Court of Alabama · 1937
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