Shotwell & Co. v. Gilkey's Adm'rs
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pickens. Tried before tbe Hon. JohN E. Mooee. This action was brought by the appellants, as partners, against tbe administrators of William M. Gilkey, deceased, as one of the partners in the late firm of Gilkey & Davis.
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Appeal from tbe Circuit Court of Pickens. Tried before tbe Hon. JohN E. Mooee. This action was brought by the appellants, as partners, against tbe administrators of William M. Gilkey, deceased, as one of the partners in the late firm of Gilkey & Davis. The original complaint was, in substance, as follows : “ The plaintiffs claim of the defendants, as administrators as aforesaid, the sum of $108 10, due on a bill of exchange which was drawn by one John Young, on the -of-, for that amount, upon the late firm of Davis & Gilkey, (one of whom was defendants’ intestate,) and accepted by them,…
1Opinion of the CourtWalker, J.
— The question which was chiefly argued before us was, whether or not there was a misjoinder of counts. It was contended, that the amended complaint sets forth a contract requiring the averment of a special breach, while the original complaint set forth a contract which only required the assignment of a general breach ; and that, therefore, there was a misjoinder of causes of action, under section 2235 of the Code. The last complaint in the case is entitled an amended complaint, and not an amendment to the original complaint. We, therefore, consider it to be meant by the term “ amended…
2Cases cited3 opinions
- Jefford's Adm'r v. Ringgold & Co.Supreme Court of Alabama · 1844
- Chandler v. HollowaySupreme Court of Alabama · 1836
- Kent v. LongSupreme Court of Alabama · 1845
3Cited by6 opinions
- Carter v. Long Bros.Supreme Court of Alabama · 1899
- Rice v. RiceSupreme Court of Alabama · 1894
- Sloss-Sheffield Steel & Iron Co. v. TaylorAlabama Court of Appeals · 1917
- Bank of Madrid v. Merchants' Nat. BankAlabama Court of Appeals · 1917
- Davis v. DavisSupreme Court of Alabama · 1890
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