Cabarrus County Drainage District, No. 2 v. Board of Commissioners
Supreme Court of North Carolina
PROCEEDING in mandamus, beard by Cline., J., in Concord, Cabarrus County, 13 August, 1917. The court found the facts and rendered judgment as follows: 1. That plaintiff, Cabarrus County Drainage District, No. 2, was duly and legally established under chapter 442, Public Laws 1909, and amendments thereto, under proper petition aiid bond, as required by said act. 2. That said act was in all respects complied with, said district having been drained under said act and…
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PROCEEDING in mandamus, beard by Cline., J., in Concord, Cabarrus County, 13 August, 1917. The court found the facts and rendered judgment as follows: 1. That plaintiff, Cabarrus County Drainage District, No. 2, was duly and legally established under chapter 442, Public Laws 1909, and amendments thereto, under proper petition aiid bond, as required by said act. 2. That said act was in all respects complied with, said district having been drained under said act and proceedings for said purpose, and bonds of said district have been sold for payment of the cost and expenses of said improvement,…
1Opinion of the CourtBrown, J.
The defendants moved to dismiss for misnomer, as the' defendants are sued under a wrong title. At the timé of making this motion defendants had filed an answer, pleading to the merits, and entered a general appearance.
It is familiar law that where a defendant pleads in his true name he is concluded thereby, whether the proper method to raise the objection is by plea in abatement or otherwise. It is well settled that a general appearance cures a misnomer of defendant in process or pleadings. 14 Ency. P. & P., 298; 3 Oyc., 524.
A misnomer is never a ground for dismissal, but for plea in…
2Cases cited2 opinions
- Bennett v. Board of CommissionersSupreme Court of North Carolina · 1917
- Dunn v. Knights of Gideon Mutual Aid SocietySupreme Court of North Carolina · 1909
3Cited by10 opinions
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- McLean v. MathenySupreme Court of North Carolina · 1954
- City of Raleigh v. Raleigh City Administrative UnitSupreme Court of North Carolina · 1943
- Burke County Road Commissioners v. Commissioners of Burke CountySupreme Court of North Carolina · 1922
- Comrs. v. . Comrs.Supreme Court of North Carolina · 1922
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