Smalley v. Bank of Albertville

BROWN, J. In the complaint as originally filed, the plaintiff was styled, the “Bank of Arab, a corporation.” During the progress of the trial it was shown that there was no süch corporation as the “Bank of Arab;” that the plaintiff’s true corporate name was the Bank of Albertville; and that its branch bank at Arab was styled, the “Bank of Arab.” On this showing the court properly allowed the plaintiff to amend the complaint by substituting the word “Albertville” for “Arab.” — McDonough v. Commercial State Bank, infra, 73 South. 754. The allowance *497 of the amendment cured the errors in the previous rulings of the court in the admission of the evidence. The court properly-refused the affirmative charge requested by the defendant. Affirmed.