Beggs & Son v. Wellman

Supreme Court of Alabama

Beggs & Son v. Wellman

82 Ala. 391

CourtSupreme Court of Alabama

DecidedDecember 15, 1886

StatusPublished

Cited by4 cases

This text of 82 Ala. 391 (Beggs & Son v. Wellman) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beggs & Son v. Wellman, 82 Ala. 391 (Ala. 1886).

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Opinion

CLOPTON, J.

— When a plaintiff sues by the wrong Christian name, or by the initials, the -complaint may be amended by introducing the true or full name.. In such case, there is not an entire change of parties, nor is the name of a sole plaintiff stricken out, so that no actor is. left. . The same plaintiff remains, and the insertion of the full Christian name is a mere correction of its .description, which is allowable under our liberal statute of amendments. S. & N. Ala. R. R. Co. v. Small, 70 Ala. 499; Smith v. Plank Road Co., 30 Ala. 650.

Affirmed.

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CLOPTON, J.

— When a plaintiff sues by the wrong Christian name, or by the initials, the -complaint may be amended by introducing the true or full name.. In such case, there is not an entire change of parties, nor is the name of a sole plaintiff stricken out, so that no actor is. left. . The same plaintiff remains, and the insertion of the full Christian name is a mere correction of its .description, which is allowable under our liberal statute of amendments. S. & N. Ala. R. R. Co. v. Small, 70 Ala. 499; Smith v. Plank Road Co., 30 Ala. 650.

Affirmed.

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Bluebook (online)

82 Ala. 391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beggs-son-v-wellman-ala-1886.

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