Ferguson v. State, 7 Div. 644

CourtSupreme Court of Alabama
Writing for the CourtGARDNER, J.
Citation215 Ala. 244,110 So. 20
Decision Date17 June 1926
Docket Number7 Div. 644
PartiesFERGUSON v. STATE ex rel. ACTON et al.

110 So. 20

215 Ala. 244

FERGUSON
v.
STATE ex rel. ACTON et al.

7 Div. 644

Supreme Court of Alabama

June 17, 1926


Rehearing Denied Nov. 11, 1926

Appeal from Circuit Court, Etowah County; O.A. Steele, Judge.

Quo warranto by the State of Alabama, on the relation of W.H. Acton and others, against M.R. Ferguson. From a judgment for relator, defendants appeal. Affirmed. [110 So. 21.]

E.O. McCord & Son, of Gadsden, for appellants.

Hood & Murphree, of Gadsden, for appellee.

GARDNER, J.

This is an action in the nature of a quo warranto (sections 9932-9944, Code of 1923), instituted in the name of the state on relation of one Ed. Robinson against M.R. Ferguson, charging him with intruding into the profession of treating or offering to treat diseases of human beings without having obtained a license or certificate of qualification therefor, as required by statute (sections 2836-2872, Code of 1923). The complaint followed the form adopted by the pleader in the case of Robinson v. State, 212 Ala. 459, 102 So. 693, which, in turn, followed the language of the statute. We think it sufficient, and the demurrer thereto was properly overruled.

Upon the filing of the complaint there was also filed security for the costs, which was duly approved. While the name of Robinson, the relator, is not found on said security, this fact does not impair the security and, indeed, no objection upon this ground was interposed. The security approved upon instituting the proceeding was effective for all purposes.

Subsequently, the complaint or information was amended by adding others as parties plaintiff and relators. This amendment was authorized by the statute. Section 9513, Code of 1923; Union Naval Stores Co. v. Pugh, 156 Ala. 369, 47 So. 48.

The motion to strike the amendment and dismiss the cause was properly overruled. Nor did the amendment necessitate any additional security for costs. That given at the institution of the proceedings was effective throughout and uninfluenced by subsequent amendment. West End v. State, 138 Ala. 295, 36 So. 423.

Thereafter Robinson, the original relator, as an individual and as relator, moved a dismissal of the suit. Conceding this was sufficient as a withdrawal of Robinson from the suit, such motion did not work a discontinuance nor entire change of parties. The state all along was a proper party plaintiff, and the security for costs originally filed furnished defendant full protection. The sufficiency of...

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5 practice notes
  • Union Indemnity Co. v. Webster, 6 Div. 950
    • United States
    • Supreme Court of Alabama
    • October 25, 1928
    ...Carswell v. B.F. Kay & Son, 214 Ala. 619, 108 So. 518; Wright v. McCord, 205 Ala. 122, 88 So. 150; Ferguson v. State ex rel. Acton, 215 Ala. 244, 110 So. 20; Nashville, etc., v. Cox, 18 Ala.App. 672, 94 So. 247. A further statute providing for amendments to pleadings, while the cause is......
  • Miller v. State ex rel. Peek, 7 Div. 895.
    • United States
    • Supreme Court of Alabama
    • February 13, 1947
    ...language of the statute. The trial court did not err in overruling respondent's demurrer to the petition. See, also, Ferguson v. State, 215 Ala. 244, 110 So. 20. The respondent answered relator's petition, and, in substance, denied that he had usurped, intruded into and unlawfully holds wit......
  • Young v. State ex rel. Russell, 8 Div. 564
    • United States
    • Supreme Court of Alabama
    • May 24, 1951
    ...End v. State, 138 Ala. 295, 36 So. 423; Baker et al. v. State ex rel. Green, 222 Ala. 467, 133 So. 291; Ferguson v. State ex rel. Acton, 215 Ala. 244, 110 So. When a relator is joined as a party plaintiff with the State and the complaint (Information) follows the language of the statute and......
  • Frutiger v. State, 6 Div. 714
    • United States
    • Supreme Court of Alabama
    • January 13, 1927
    ...State, supra; Ex parte Wideman, supra; Wideman v. State, 20 Ala.App. 422, 104 So. 438. In the recent case of Ferguson v. State (Ala.Sup.) 110 So. 20, it was urged that the statute was violative of several provisions of the Constitution, both state and federal, but these insistences were hel......
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5 cases
  • Union Indemnity Co. v. Webster, 6 Div. 950
    • United States
    • Supreme Court of Alabama
    • October 25, 1928
    ...Carswell v. B.F. Kay & Son, 214 Ala. 619, 108 So. 518; Wright v. McCord, 205 Ala. 122, 88 So. 150; Ferguson v. State ex rel. Acton, 215 Ala. 244, 110 So. 20; Nashville, etc., v. Cox, 18 Ala.App. 672, 94 So. 247. A further statute providing for amendments to pleadings, while the cause is......
  • Miller v. State ex rel. Peek, 7 Div. 895.
    • United States
    • Supreme Court of Alabama
    • February 13, 1947
    ...language of the statute. The trial court did not err in overruling respondent's demurrer to the petition. See, also, Ferguson v. State, 215 Ala. 244, 110 So. 20. The respondent answered relator's petition, and, in substance, denied that he had usurped, intruded into and unlawfully holds wit......
  • Young v. State ex rel. Russell, 8 Div. 564
    • United States
    • Supreme Court of Alabama
    • May 24, 1951
    ...End v. State, 138 Ala. 295, 36 So. 423; Baker et al. v. State ex rel. Green, 222 Ala. 467, 133 So. 291; Ferguson v. State ex rel. Acton, 215 Ala. 244, 110 So. When a relator is joined as a party plaintiff with the State and the complaint (Information) follows the language of the statute and......
  • Frutiger v. State, 6 Div. 714
    • United States
    • Supreme Court of Alabama
    • January 13, 1927
    ...State, supra; Ex parte Wideman, supra; Wideman v. State, 20 Ala.App. 422, 104 So. 438. In the recent case of Ferguson v. State (Ala.Sup.) 110 So. 20, it was urged that the statute was violative of several provisions of the Constitution, both state and federal, but these insistences were hel......
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