67 So. 416 | Ala. | 1914
• (2) 2. This suit was originally brought by the heirs of a deceased person, who, it is claimed, owned the land. One of the heirs of said deceased was the adminisctrator of the estate of said deceased, and against the objection of the defendant the complaint was amended by striking from “the original complaint the names of all the plaintiffs except the name of E. F. Hubbert (the heir who was the administrator), and to proceed in the name of E. F. Hubbert, above, as the administrator of the estate of said S. A. Eeeves, deceased, and to amend the caption of said original complaint so that the same may read as follows: ‘E. F. Hubbert, Who Sues as the Administrator on the Estate of S. A. Eeeves, Deceased, Plaintiff.’ ”
The result of the above amendment was to strike from the complaint all of the original plaintiffs except one. As this one was left in the complaint, there was not an entire change of parties plaintiff, and the fact that the complaint was so amended as to change the capacity in which the one original plaintiff who was left in the complaint sued, did not work an entire change of the parties plaintiff within the meaning of the law.- — ■ Lucas v. Pitman, 94 Ala. 616, 10 South. 603.
Reversed and remanded.