Wood v. Williams

BROWN, Justice.

The contention of appellant that the amendment to the complaint worked an entire change of the party plaintiff is without merit. The Superintendent of Banks in the exercise of his office in the liquidation of a bank is, as a matter of law, statutory receiver and trustee of the assets of the bank, and the addition of the word “trustee” as designating the character in which the plaintiff sues did not change in substance the averment of the original complaint. Ex parte Tennessee Valley Bank, 231 Ala. 545, 166 So. 1; McDavid v. Bank of Bay Minette et al., 193 Ala. 341, 69 So. 452.

As…