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119 Ala. 78

Hallmark v. Hopper

Supreme Court of Alabama

Decided July 1, 1898

Supreme Court of Alabama · decided 1898-07-01

Tried before Hon. J. A. Bilbko. This was an action on a promissory note, which was commenced before a justice of the peace. The original summons required the defendants to appear and answer the complaint of “Waldron Hopper, agent for Neeler Hopper.” The case was styled the same way in the statement of the cause of action. The justice rendered a judgment in favor of the plaintiff, and thereupon, the defendants took an appeal to the circuit court.

Relies on Davis Avenue Railroad v. Mallon · Sossman v. Price

Good law ✅— No negative treatment on recordhow we know

Decided 1898-07-01

How this case has been cited

Cited by 6 later decisions — most recently March 1933

1 federal appellate · 5 state decisions

2018981900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCLELLAN, J.

¶1There 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.

¶2Judgment 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.

¶3Reversed and remanded.

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