Beggs v. Wellman

• Decision Date: 14 June 1887
• Parties: BEGGS AND ANOTHER v. WELLMAN.
• Court: Alabama Supreme Court

2 So. 877

82 Ala. 391

BEGGS AND ANOTHER v. WELLMAN.

Supreme Court of Alabama

June 14, 1887

Appeal from Birmingham city court.

Action by B. Wellman against H. T. Beggs & Son, a firm composed of H. T. Beggs and George Beggs, to recover the amount of a promissory note described in the complaint. The defendants pleaded in abatement of said complaint, because the Christian name of plaintiff was not set out therein. The plaintiff confessed said plea, and, by leave of court, amended the complaint by inserting the Christian name of "Bernard," instead of the initial "B.;" whereupon, the defendants not answering further, judgment was rendered against them. The bill of exceptions shows that the defendants excepted to the said amendment, and take this appeal, assigning as error the granting of the same.

R. H. Pearson, for appellant.

James E. Webb, contra.

CLOPTON, J.

When a plaintiff sues by the wrong Christian name, or by the initials, the complaint may be amended by introducing the true or full name. In such case there is not an entire change of parties, nor is the name of a sole plaintiff stricken out, so that no actor is left. The same plaintiff remains, and the insertion of the full Christian name is a mere correction of its description, which is allowable under our liberal statute of amendments. South & N. A. R. Co. v. Small, 70 Ala. 499; Smith v. Plank-Road Co., 30 Ala. 650.

No other error is assigned. Affirmed.