Ricketts v. Weeden
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by David Ricketts, against John D. Weeden, and was commenced on the 1st October,-1868. The original complaint was in these words : “ The plaintiff claims of the defendant $¿70, due by promissory note made by him and one T. J. Eubanks, on the 29th day "of January, 1861, and payable on the 29th day of January, 1861, with interest thereon.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Louis Wyeth. This action was brought by David Ricketts, against John D. Weeden, and was commenced on the 1st October,-1868. The original complaint was in these words : “ The plaintiff claims of the defendant $¿70, due by promissory note made by him and one T. J. Eubanks, on the 29th day "of January, 1861, and payable on the 29th day of January, 1861, with interest thereon. The note sued on is subject to a credit of $7.50, paid September 4th, 1861P At the November term, 1876, the plaintiff was allowed to amend his complaint, as…
1Opinion of the Court
Peb Curiam.
-The amendment of the complaint did not, as was supposed by the court below, introduce a new cause of action : it merely corrected a misdescription of the note sued on. On the authority of Long v. Patterson, 51 Ala. 414, and Stringer v. Waters, at the present term (63 Ala. 361), the judgment must be reversed, and the cause remanded.
2Cases cited2 opinions
- Long v. PattersonSupreme Court of Alabama · 1874
- Stringer v. WatersSupreme Court of Alabama · 1879
3Cited by1 opinion
- Chambers v. Talladega Real Estate & Loan Ass'nSupreme Court of Alabama · 1899