Tousey v. Butler
Texas Supreme Court
Tousey v. Butler, 9 Tex. 525 (Tex. 1853)
Wheeler
Tousey v. Butler
Opinion of the Court
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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