Holly v. Flournoy
Supreme Court of Alabama
Appeal from Circuit Court of Covington. Tried before Hon. Philemon O. Harper. The complaint in this case was as follows: “The plaintiff, as trustee of Frances "Watson, a married woman, claims of tbe defendant the following personal property, to-wit: One bay horse, of the value of two hundred dollars, for the use and hire thereof from the first day of January, 1870, which property, when recovered, -frill be assets in his hands, belonging to the estate of the said Frances…
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Appeal from Circuit Court of Covington. Tried before Hon. Philemon O. Harper. The complaint in this case was as follows: “The plaintiff, as trustee of Frances "Watson, a married woman, claims of tbe defendant the following personal property, to-wit: One bay horse, of the value of two hundred dollars, for the use and hire thereof from the first day of January, 1870, which property, when recovered, -frill be assets in his hands, belonging to the estate of the said Frances "Watson.” An affidavit setting forth that the original summons and complaint had been lost, and that the one now proposed to…
1Opinion of the CourtBrickell, C. J.
No objection was made in the circuit court to the substitution of a complaint, nor does it indeed appear otherwise than as matter of inference from a memorandum in the transcript, which may have been an indorsement on the complaint that there was a substitution. If it was intended to -revise the action of the court in allowing the substitution, if it was allowed, the facts ought to have been entered of record. We cannot, on a mere inspection of an affidavit found in. the record, not shown to have been brought to the notice of the court, or acted on by it, presume there was a substitution, and…
2Cases cited3 opinions
- Bryan v. BryanSupreme Court of Alabama · 1859
- Marks v. CowlesSupreme Court of Alabama · 1875
- Bolling v. MockSupreme Court of Alabama · 1860
3Cited by4 opinions
- Prince v. PrinceSupreme Court of Alabama · 1880
- Vancleave v. WilsonSupreme Court of Alabama · 1882
- Wortham v. GurleySupreme Court of Alabama · 1883
- Baldwin v. Troy Finance CorporationSupreme Court of Alabama · 1944