Savage v. Smith
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. John Pelham. cited Cooper v. McLain, 25 Ala. 298; Riddle v. Hanna, 25 Ala. 484; Hoioiand v. Wallace, 81 Ala. 238; 14 Am. & Eng. Ency. Law, 617; 10 Am. & Eng. Ency. Law, 679-684.' cited Code, § 17; Cook v. Adams, 27 Ala. 294; 1 Tidd’s Practice,-98, 99, §§ 100-1.
1Opinion of the CourtDowdell, J.
— The petition foir mandamus was brought in the name of Florence Savage and Morgan Savage, who were infants, by next friend, F. A. Savage. A plea in abatement was interposed and sustained on the ground that F. A. Savage was a married woman. Thhereupon 'counsel for petitioners asked leave of the court to amend the petition by striking the name of F. A. Savage as next friend, and inserting in lieu thereof T. P. Savage as next friend. The court refused to allow the amendment, to which action of the court exception was duly reserved. In Howland v. Wallace, 81 Ala. 238, it was decided by this…
2Cases cited1 opinion
- Howland v. WallaceSupreme Court of Alabama · 1886
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