Frierson v. Blakesley
Supreme Court of Alabama
FRIERSON made a note payable to Thomas English, or bearer, on which a suit was brought before a justice of the peace in Tuscaloosa, in the name of English, for the use of Italpha Blakesley, and judgment by default was rendered for the plaintiff. Frierson appealed to the Circuit Court, and executed an appeal bond,- with Shortridge as security, payable to “Thomas English, who sues for the use of Ralphs Blakesley.”
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FRIERSON made a note payable to Thomas English, or bearer, on which a suit was brought before a justice of the peace in Tuscaloosa, in the name of English, for the use of Italpha Blakesley, and judgment by default was rendered for the plaintiff. Frierson appealed to the Circuit Court, and executed an appeal bond,- with Shortridge as security, payable to “Thomas English, who sues for the use of Ralphs Blakesley.” In the Circuit Court, a statement of the cause of action was filed in the name of English, for the use of Blakcsly, as in the warrant. Frierson pleaded in abatement, that English was…
1Opinion of the Court
By JUDGE WHITE.
Courts of law have long manifested great care in protecting the rights of equitable plaintiffs, who are compelled to sue in the names of others; and our statutes have made some salutary provisions, which this Court has inclined to favor, to prevent the dismissal of *269appeals from before justices, on mere technicalities, and defects of form. We have also, perhaps, as liberal statutes of amendments, as can be found in other codes, and yet there are certain fundamental rules, which cannot be lost sight of, without endangering the rights of parties, and destroying all system in the…
2Cases cited1 opinion
- Smith v. CobbSupreme Court of Alabama · 1827
3Cited by1 opinion
- Teer v. SandfordSupreme Court of Alabama · 1840