39 So. 576 | Ala. | 1905
This action was commenced against J. W. Rarden as sole defendant. Before the term at which the trial was had the plaintiff amended the complaint by adding the Rarden Mercantile Company, a corporation, as a party defendant. Both parties, defendant appeared and filed pleas to the merits. On the trial, after the testimony was closed, the plaintiff, with leave of the court, again amended the complaint by striking out 'J. W. Rarden, the original defendant, as a party defendant, thus leaving the Rarden Mercantile Company the sole defendant in the action. After the last amendment was made the defendant corporation moved the court to discontinue the cause, on the ground, among others, that the amendment worked an entire change of parties defendant. The motion was overruled by the court, and the defendant duly reserved an exception to the ruling.
It has been many times ruled by this court that the statute of amendments (section 3331 of the Code) does not authorize an amendment as to .parties, either plain
The judgment of the lower court is reversed, and a judgment Avill be here rendered to the effect that the plaintiff’s cause of action against the defendant Barden Mercantile Company is discontinued.
Reversed and rendered.