¶1-The amendment of the complaint did not, as was supposed by the court below, introduce a new cause of action : it merely corrected a misdescription of the note sued on. On the authority of Long v. Patterson, 51 Ala. 414, and Stringer v. Waters, at the present term (63 Ala. 361), the judgment must be reversed, and the cause remanded.
64 Ala. 548
Ricketts v. Weeden
Decided December 15, 1879
Supreme Court of Alabama · decided 1879-12-15
Tried before the Hon. Louis Wyeth. This action was brought by David Ricketts, against John D. Weeden, and was commenced on the 1st October,-1868. The original complaint was in these words : “ The plaintiff claims of the defendant $¿70, due by promissory note made by him and one T. J. Eubanks, on the 29th day of January, 1861, and payable on the 29th day of January, 1861, with interest thereon.
Cited by 1 later decisions — most recently November 1899
1 state decisions
Relies on Long v. Patterson · Stringer v. Waters
Good law ✅— No negative treatment on recordhow we know
Decided 1879-12-15
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