McLane v. Riddle
Supreme Court of Alabama
ERROR to the Chancery Court of Talladega. Tried before the Hon. D. G. Ligón. 1. An order for leave to amend a bill by adding a plaintiff will not be granted after replication, or after publication, or after the lapse of a year after a trial and reversal of the decree in the Supreme Court, especially if the plaintiff has been guilty of laches. In this case the plaintiffs knew the matter of the amendment before the original bill was filed, and there is gross laches. — 1 Dan.
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ERROR to the Chancery Court of Talladega. Tried before the Hon. D. G. Ligón. 1. An order for leave to amend a bill by adding a plaintiff will not be granted after replication, or after publication, or after the lapse of a year after a trial and reversal of the decree in the Supreme Court, especially if the plaintiff has been guilty of laches. In this case the plaintiffs knew the matter of the amendment before the original bill was filed, and there is gross laches. — 1 Dan. Ch. Pr. 459; Milward v. Oldfield, 4 Price, 325; Pleasants v. Logan, 4 Hen. & M. 489. The leave to amend is granted to…
1Opinion of the CourtDabgan, C. J.
The object of the original bill was to enforce the payment of a note for three hundred dollars, (made by the plaintiffs in error, payable to Biddle,) by a sale of the premises described in the pleadings, upon which Biddle asserted a lien. This bill was filed in the name of Alexander Biddle, for the usq of James C. and Joseph T. Burt, but was afterwards amended and'the Burts made parties complainants. The amended bill alleges that the note was held by James C. and Joseph Burt as collateral security, to secure a1 debt due to them from Alexander Riddle, their co- complainant. The answer of…
2Cases cited1 opinion
- Moore v. HubbardSupreme Court of Alabama · 1842
3Cited by12 opinions
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- First Nat. Bank of Montgomery v. Montgomery Cotton Mfg. Co.Supreme Court of Alabama · 1924
- Gunter v. WilliamsSupreme Court of Alabama · 1867
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