Hallmark v. Hopper

Supreme Court of Alabama
Hallmark v. Hopper, 119 Ala. 78 (Ala. 1898)
McClellan

Hallmark v. Hopper

Opinion of the Court

McCLELLAN, J.

There can be no question but that a suit brought in .the name of A B “agent for C D” is the suit of A B , and not of O D, and that the Avords “agent for C D” are merely personally descriptive of A B and superfluous. It is equally clear that an amendment by Avhich such action would be made to stand in the name of G D as plaintiff would work an entire change of party plaintiff, and is, therefore, not allowable. And this rule against amendments operating a change of the sole party plaintiff applies to actions be-, gun before justices of the peace and brought by appeal into circuit courts. — Davis Avenue Railroad Co. v. Mallon, 57 Ala. 168.

Judgment being rendered in such case in favor of A B agent for G D, the fact that defendants execute an appeal bond reciting a judgment in favor of G D does *80not make it a judgment in favor of C D, nor make C D the party plaintiff in the circuit court, nor justify an amendment of the complaint filed in that court in the name of A B agent for C D — that is, in the name of A B —substituting C U for A B as the sole party plaintiff. Sossman v. Price, 57 Ala. 204.

Reversed and remanded.

Reference

Cited By
6 cases
Status
Published