Supreme Court of Alabama, 1868

Ferguson v. George's

Supreme Court of Alabama · Decided January 15, 1868 · Walker

42 Ala. 135

Counsel

Herbert and Powell, for appellants., Rice, Semple & Goldthwaite, contra.

Cases that cite this one

1 later published case cites this decision.

Ensley Mercantile Co. v. Otwell (Ala. 1904)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

A. J. WALKER, C. J.

The only specific matter of error imputed to the record is, that in the margin of the complaint, the name of one of the defendants is written E. H. Pickens, while in the summons it is Eli H. Ferguson.

This variance between the summons and complaint, if *136available anywhere, cannot be taken advantage of on error, when no objection was made in the court below. A variance between the writ and declaration, was a matter pleadable in abatement. The complaint contains a substantial cause of action, and that is enough on error. The question of the allowance and necessity of amendment does not arise here, but may be presented in the court below.

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.