Taylor v. Taylor
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The opinion gives the facts upon which the case turns. The amendment asked by the plaintiff in the court below, to strike out the words in the complaint, “ who is sued as executrix of Jesse P. Taylor, deceased,” was properly allowed by the court, being merely descriptio personae.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. The opinion gives the facts upon which the case turns. The amendment asked by the plaintiff in the court below, to strike out the words in the complaint, “ who is sued as executrix of Jesse P. Taylor, deceased,” was properly allowed by the court, being merely descriptio personae. Arrington v. Hair, 19 Ala. 243; Gibson v. Land, 27 Ala. 117; Tate v. Shackleford’s Adm’r, 24 Ala. 510 ; Orimon’s Adm’r v. Crawford, 29 Ala. 623 ; 1 Ch. PL 250, 251.
1Opinion of the CourtB. F. Saffold, J.
The first question presented by the assignment of errors, is whether the complaint can be amended by striking out of it the words, “ Who is sued as executrix of Jesse P. Taylor, deceased,” thereby charging the defendant individually. The cause of action, set forth, is against the defendant personally.
Section 2809, Revised Code, which is the authority for this amendment, if it can be made, has been construed by this court in numerous instances, but none of them are decisive of this case. The common-law rule of practice authorized the plaintiff, described generally in the process, to declare…
2Cases cited7 opinions
- Ikelheimer v. Chapman's Adm'rsSupreme Court of Alabama · 1858
- Leaird v. MooreSupreme Court of Alabama · 1855
- Harris v. Plant & Co.Supreme Court of Alabama · 1858
- Humphries v. DawsonSupreme Court of Alabama · 1861
- Pickens v. OliverSupreme Court of Alabama · 1858
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3Cited by3 opinions
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