Moore v. Smith
Supreme Court of Alabama
ERROR to the County Court of Perry. 1. The court should not have allowed the plaintiff below to amend the endorsement of the cause of action, because more than two years had elapsed since the commencement of the suit -j there had been a trial and a now trial; the amendment introduced a new and different cause of action, and by that cause, the defendant was deprived of the statute of limitations. — 1 Tidd’s Pr. 698, T08. 2. New special counts should not have been allowed as…
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ERROR to the County Court of Perry. 1. The court should not have allowed the plaintiff below to amend the endorsement of the cause of action, because more than two years had elapsed since the commencement of the suit -j there had been a trial and a now trial; the amendment introduced a new and different cause of action, and by that cause, the defendant was deprived of the statute of limitations. — 1 Tidd’s Pr. 698, T08. 2. New special counts should not have been allowed as in this case. The plaintiff had speculated on the common counts, and should not he permitted, after so long a lapse of…
1Opinion of the CourtChilton, J.
This was an action of assumpsit brought by Sinith, the defendant in error, against Moore, to recover five hundred dollars, (as the cause of action was originally endorsed on the writ,) upon the common indebitatus counts. By leave of the court the endorsement of the cause of action was amended, so as to enable the plaintiff to declare in special counts for one thousand dollars, being the value of one fourth part of the crop raised by the plaintiff on the land of the defendant in the year 1844. The permission to amend" is assigned as one of the errors; but we think it was clearly within the…
2Cases cited3 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Tenison v. MartinSupreme Court of Alabama · 1848
3Cited by16 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
- Couch v. WoodruffSupreme Court of Alabama · 1879
- Nelms v. McGrawSupreme Court of Alabama · 1890
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