Lansford v. Scott
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by John Scott against John P. Lansford, and was commenced on the 9th July, 1869. The original complaint contained only a count on a promissory note for $200, dated the 22d November, 1865. At the October term, 1873, by leave of the court, the plaintiff amended his complaint, by adding the common counts for goods sold and delivered, money had and received, and on an…
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. James S. Clark. This action was brought by John Scott against John P. Lansford, and was commenced on the 9th July, 1869. The original complaint contained only a count on a promissory note for $200, dated the 22d November, 1865. At the October term, 1873, by leave of the court, the plaintiff amended his complaint, by adding the common counts for goods sold and delivered, money had and received, and on an account stated. To the common counts the defendant pleaded, “in short by consent,” the statutes of limitation of three and…
1Opinion of the CourtB. F. Saffold, J.
The question at issue is, whether the statute of limitation of three years is pleadable in bar, to the common counts, introduced by amendment into the complaint founded upon a promissory note given for the same cause of action, the limitation having expired since the commencement of the suit on the note, but before the amendment was made. Does such an amendment relate back to the date of the summons ?
In Bradford v. Edwards (32 Ala. 628), which was a suit for slander, the record did not show what parts of the complaint were amended, nor when the amendment was filed or allowed. The court said,…
2Cases cited3 opinions
- King v. AverySupreme Court of Alabama · 1861
- Agee v. WilliamsSupreme Court of Alabama · 1857
- Bradford v. EdwardsSupreme Court of Alabama · 1858
3Cited by5 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Mohr v. LemleSupreme Court of Alabama · 1881
- Dowling v. BlackmanSupreme Court of Alabama · 1881
- Stringer v. WatersSupreme Court of Alabama · 1879
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908