McLean v. Matheny

It would seem to be unfortunate that this action has not been disposed of heretofore on its merits. However, we are bound by the record now before us and may consider only the question of law presented for determination.

This appeal turns on whether the cause of action against the .corporate defendant dates from the time summons was issued and served upon it, or whether such service relates back to the commencement of the action.

Ordinarily, under the comprehensive power to amend process and pleadings where the proper party is before the court, although under a wrong name, an amendment will be…