Texas Supreme Court, 1853

Tousey v. Butler

Tousey v. Butler
Texas Supreme Court · Decided July 1, 1853 · Wheeler
9 Tex. 525
Tousey v. Butler

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Wheeler. J.

The mistake in stating the Christian name of one of the parties plaintiff is tho common case of a misnomer; and it is well settled that after misnomer pleaded in abatement, the plaintiff may correct the mistake by amendment: (Cartwright v. Chabert, 3 Tex. R., 261.) It can malee no difference whether the misnomer pleaded be tho Christian or surname; the rule is the same.

Judgment affirmed.

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