Horn v. Pope
Supreme Court of Alabama
Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Action by C. Pope, by his next friend, D. P. Pope, against J. R. Horn, for damages for malpractice. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Crenshaw County; A. E. Gamble, Judge. Action by C. Pope, by his next friend, D. P. Pope, against J. R. Horn, for damages for malpractice. Judgment for plaintiff, and defendant appeals. As last amended the complaint is as follows: Plaintiff, O. Pope, a minor, by bis next friend, D. P. Pope, claims of the defendant, J. R. Horn, the sum of $15,000 as damages for that heretofore, to wit, on the, 26th day of November, 1916, the plaintiff broke his leg, and the defendant hold himself out as a practicing physician and surgeon in the county of Crenshaw, Ala., and as such…
1Opinion of the CourtAnderson, C. J.
[1] Under the Code of 1896, § 2814, it is provided that the “suing out of a summons is the commencement of a suit.” West v. Engle, 101 Ala. 509, 14 South. 333; Ware v. Swann & Billups, 79 Ala. 330. The foregoing section was amended, however, by Act of 1903, p. 370, and as amended became section 4853 of the Code of 1907, and provides that the commencement of the suit is the “filing of the complaint, * * * or other statement of plaintiff’s cause of action, in the office of the clerk of the circuit court, register in chancery or other ministerial office of courts of like jurisdiction.” The…
2Cases cited10 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Robinson v. CrotwellSupreme Court of Alabama · 1911
- Carpenter v. WalkerSupreme Court of Alabama · 1910
- Forrester v. ForresterSupreme Court of Alabama · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thaggard v. VafesSupreme Court of Alabama · 1928
- Ward v. Saben Appliance Co.Supreme Court of Alabama · 1980
- Stephens v. WilliamsSupreme Court of Alabama · 1933
- Corbitt v. MangumSupreme Court of Alabama · 1988
- Hill v. BurtonAlabama Court of Appeals · 1942
7 more not listed; retrieve them via the Exa API.