Tousey v. Butler

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

Tousey v. Butler

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.

Reference

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Published