FLETCHER v. PUBLIC FINANCE CO. OF ALABAMA

Civ. 2830.

429 So.2d 1039 (1981)

Willie D. FLETCHER v. PUBLIC FINANCE COMPANY OF ALABAMA.

Court of Civil Appeals of Alabama.

As Corrected on Denial of Rehearing February 3, 1982.


Attorney(s) appearing for the Case

Thomas G. Keith of Legal Services of North-Central Alabama, Huntsville, for appellant.

Currun C. Humphrey of Humphrey & Smith, Huntsville, for appellee.


WRIGHT, Presiding Judge.

This case involves the "relation back" doctrine of Rule 13(c), A.R.C.P. and § 6-8-84, Code (1975). The issue arises under the following pertinent facts:

Willie D. Fletcher and his wife borrowed $1,458.87 from Public Finance Company of Alabama (Public). The note was payable in thirty-six monthly installments of $54, beginning June 3, 1973, with a maturity date of May 5, 1976, for a total of $1,944. Only $300 was ever paid on the...

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