47 So. 69 | Ala. | 1908
The original complaint was exhibited against the Manistee Mill Company, a body corporate, as the sole party defendant, and service had upon one Clarence Herlong. At the first term of the court held after its filing and service, the complaint was amended by adding as a party defendant Yastine J. Herlong, doing business under the name of Manistee Mill Company, and an alias summons and complaint was ordered to be issued and served upon him. Subsequently an entirely new complaint was filed against Herlong and the Manistee Mill Company, a body corporate, which was amended by striking out the words “a body - corporate” after the words “Manistee Mill Company,” and certain other words in the body of- the complaint showing that
The case was tried upon the fifth and sixth counts of the complaint filed on the 3d day of April, 1907, as amended, all other counts having been eliminated by the sustaining of demurrers to them, and upon the pleas of the general issue thereto. These counts charge no
Reversed and remanded.