Ex Parte Kelen

On the last appeal (Kelen v. Brewer, 221 Ala. 445, 129 So. 23), it was held the lunatic was a necessary party complainant, and that the suit could not be maintained alone in the name of the guardian. Upon remandmeht, the bill was amended as one by “Lula Turner, a non compos mentis by her guardian Alex Brewer.”

It is here insisted the allowance of this amendment was error upon the theory that it worked an entire change of parties, and that the cause was due to be discontinued. Petitioner relies primarily upon Fowlkes v. Memphis, etc., R. R. Co., 38 Ala. 310, and Dougherty v. Powe, 127 Ala. 577,…