Miller Grain & Commission Co. v. Lookout Refining Co.
Miller Grain & Commission Co. v. Lookout Refining Co.
Opinion of the Court
The several assignments of error relate to but a single question, to wit: Did the amendment of the complaint work a complete change of the party defendant ? The insistence of appellant in the affirmative is obviously without merit.
See, also, Singer Mfg. Co. v. Greenleaf, 100 Ala. 272, 14 South. 109; King Land & Imp. Co. v. Bowen, 7 Ala. App. 462, 61 South. 22; Decatur Lt., P. & F. Co. v. Newsom, 179 Ala. 127, 59 South. 615.
Suppose the caption of the original complaint had left out the words “a corporation,” which were merely descriptio personae, and was silent as to whether the entity sued was a corporation or a partnership name; it would have been altogether proper to have amended by showing that the entity sued was a corpo ration. — Stowers Furniture Co. v. Brake, 158 Ala. 639, 48 South. 89.
We are not impressed that the contention of appellant is. meritorious, and the judgment below is accordingly affirmed.
Affirmed.
Reference
- Full Case Name
- Miller Grain Commission Co. v. Lookout Refining Company. Assumpsit
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