Lewis Lumber Co. v. Camody
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This is an action for damages for the breach of a contract, brought in the. court below by the appellee, M. C. Camody, against “The Lewis Lumber Company, a firm composed of B. A. Lewis, et al., and B. A. Lewis, individually.”
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Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This is an action for damages for the breach of a contract, brought in the. court below by the appellee, M. C. Camody, against “The Lewis Lumber Company, a firm composed of B. A. Lewis, et al., and B. A. Lewis, individually.” To this complaint the defendants demurred, and before that demurrer was passed upon by the court, and after the passing of several terms of the court., the plaintiff asked leave of the court to amend his complaint by changing the caption, thereof by striking out the words “a firm composed of B.…
1Opinion of the CourtTyson, J.
Although there are a number of errors assigned, but two. of them are insisted upon in brief of counsel.
The first of these is predicated upon the action of the court in overruling the defendant’s motion to strike the amendment of the complaint which had been allowed. This amendment consists in striking out of the caption of the complaint the words “a firm composed of B. A. Lewis et al. and B. A. Lewis, individually,” and inserting in lieu thereof the words, “a corporation organized under the laws of the Statei of Maine,” mailing the caption as amended read “M. C. Camody vs. The Lewis Lumber…
2Cases cited2 opinions
- Ex parte NicrosiSupreme Court of Alabama · 1893
- Southern Life Ins. v. RobertsSupreme Court of Alabama · 1877
3Cited by8 opinions
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- King Land & Improvement Co. v. BowenAlabama Court of Appeals · 1913
- Decatur Light, P. & F. Co. v. NewsomSupreme Court of Alabama · 1912
- Key v. Goodall Brown & Co.Alabama Court of Appeals · 1913
- Head v. J. M. Robinson, Norton & Co.Supreme Court of Alabama · 1915
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