Tousey v. Butler

9 Tex. 525
Texas Supreme Court·Decided July 1, 1853·Published·Cited by 7 cases

Opinion

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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Tousey v. Butler, 9 Tex. 525 (Tex. 1853).

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