Goss v. Weiman & Co.
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by August Weiman, doing business as Aug. Weiman & Co., on the common counts against J. W. Lindsay, T. M. Walker, and R. D. Goss, formerly doing business as the Alabama Couch Manufacturing Company, and the Alabama Couch Manufacturing Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by August Weiman, doing business as Aug. Weiman & Co., on the common counts against J. W. Lindsay, T. M. Walker, and R. D. Goss, formerly doing business as the Alabama Couch Manufacturing Company, and the Alabama Couch Manufacturing Company. Judgment for plaintiff, and defendant appeals. The complaint was amended by striking out -1. W. Lindsay and T. M. Walker, and the Alabama Couch Manufacturing Company, because said defendant; had not been served, and by adding counts 5, 6, and 7, which claim against R. D. Goss and…
1Opinion of the Court
de GRAFFENRIED, J. —
1. When the plaintiff amended his complaint by striking from it all of the parties defendant except appellant, the amendment related back to the commencement of the suit; and the original summons and complaint was to be read, after such amendment was allowed, as if there had never been but one defendant to the suit, viz., the appellant. — Cobb v. Keith, Smith & Co., 110 Ala. 614, 18 South. 325.
After the appellee had amended his complaint by striking out all of the parties defendant except appellant, *407he was permitted, against the objection of appellant, to further amend his…
2Cases cited2 opinions
- Cobb v. Keith, Smith & Co.Supreme Court of Alabama · 1895
- Elmore-Quillan & Co. v. CunninghamAlabama Court of Appeals · 1912
3Cited by4 opinions
- I. Epstein & Brother v. First National BankSupreme Court of Florida · 1926
- Ex Parte RowellSupreme Court of Alabama · 1946
- Steverson v. Agee & Co.Alabama Court of Appeals · 1915
- McDuff v. KurnSupreme Court of Alabama · 1937