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58 Ala. 615

Mitchell v. Davis

Supreme Court of Alabama

Decided December 15, 1877

Supreme Court of Alabama · decided 1877-12-15

Tried before tbe Hon. John HendeRSON, Tbe original complaint filed in this cause, reads as follows : “ James C. Mitchell v. D. L. Davis, Judge of Probate: Tbe plaintiff, wbo sues as well for tbe State as for himself, claims of tbe defendant, judge of probate of Randolph county, Alabama, five hundred dollars, for issuing to John A. Arnold a marriage license to marry one Nancy E. Mitchell, wbo was under 18 years of age, at the time of issuing such license, without the consent…

Decided 1877-12-15

STONE, J.

¶11. The amended complaint, offered in this case, was neither a change of a sole party plaintiff or defendant, a change of the form of action, nor an entire change of the cause of action. It was only' a change of the descriptive names of the persons to whom the marriage license was issued — one of the material averments in the complaint. This, we think, was allowable, under our liberal statutes of amendments. — Code of 1876, §§ 3155-6-7; 1 Brick. Dig. 73, 75; Roddy Thomas v. The State, at present term.

¶22. The license issued in this case mistook, to some extent, each of the names of the parties it authorized to marry. In the man’s name, the initial letter D. was, by mistake, written J. The female’s name was written Ellen, the name by which she was known, instead of Nancy Ellen, her full name. Still, the license was issued to these identical persons. "We do not doubt that a complaint, charging the license w’as issued for the marriage of D. L. Arnold, by the name of J. L. Arnold, and Nancy Ellen Mitchell, by the name of Ellen Mitchell, averring the identity of the persons is sufficient. The second amended complaint is substantially what we have stated above, and is sufficient.

¶3The judgment of the Circuit Court is reversed, the non-suit set aside, and the cause remanded.

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