Kansas City, Memphis & Birmingham Railroad v. Cobb
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. . This was an action brought by the appellee against the appellant; and counted on certain interest coupons. There was judgment for plaintiff and defendant appeals. The only ruling, which, is considered by this court, and which is not involved in the case of Kansas City. Memphis & Birmingham R. II.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. . This was an action brought by the appellee against the appellant; and counted on certain interest coupons. There was judgment for plaintiff and defendant appeals. The only ruling, which, is considered by this court, and which is not involved in the case of Kansas City. Memphis & Birmingham R. II. Co. v. Cobb, 100 Ala. 228-, arose as follows: The complaint as originally filed, simply claimed an amount due upon interest-coupons. By leave of the court, the plaintiff filed an amended complaint, in which he set out one…
1Opinion of the CourtHead, J.
The court committed no error in overruling the demurrer to the complaint.
There was nothing in the objections to the allowance of the amendments of the complaint. The original complaint counted upon the same coupons. The amendments simply varied their description. Our system of amendments is too liberal to entertain such objections. The original complaint contained substantial causes of action. Whatever deficiencies of allegation there may have been were cured by the verdict.
We believe all other questions raised by this rectird were adjudicated by this court in the case of K. C., M. & B. R. R.…
2Cases cited1 opinion
- Kansas City, Memphis & Birmingham Railroad v. CobbSupreme Court of Alabama · 1893
3Cited by1 opinion
- Western Railway v. McPhersonAlabama Court of Appeals · 1912