Pickens v. Oliver
Supreme Court of Alabama
[detinue bt husband and wipe for slaves belonging to separate estate.] Appeal from the Circuit Court of Butler. Tried before the Hon. E. W. Pettus. This case was before this court at its' January term, 1857, when the judgment of the court below was reversed, and the cause remanded. — See 29 Ala. 528. The additional facts disclosed on the second trial, as shown in the bill of exceptions in the present record, are stated in the opinion of the court.
1Opinion of the CourtWalker, J.
This suit was originally brought in the name of Margaret C. Pickens, as the sole plaintiff. Her husband was subsequently, by amendment, made a co-plaintiff with her, A motion was afterwards made, at another term, to amend the .complaint, so as to leave the husband the sole plaintiff upon the record, suing in the capacity of trustee for his wife. This motion was properly overruled. The effect of allowing an amendment, by *627which the name of the husband was added, and then allowing an amendment by which the name of the wife was stricken out, would have been, in an indirect manner, to strike out…
2Cases cited6 opinions
- Pickens v. OliverSupreme Court of Alabama · 1857
- Leaird v. MooreSupreme Court of Alabama · 1855
- Jennings v. Blocker's Adm'rSupreme Court of Alabama · 1854
- Lockhart v. CameronSupreme Court of Alabama · 1856
- Machem v. MachemSupreme Court of Alabama · 1856
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3Cited by11 opinions
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Rodgers v. MeredithSupreme Court of Alabama · 1962
- Johnson v. MartinSupreme Court of Alabama · 1875
- Copeland v. Dixie Const. Co.Supreme Court of Alabama · 1927
6 more not listed; retrieve them via the Exa API.