Fewlass v. Abbott
Michigan Supreme Court
Error to Lenawee Circuit. Defendant in error brought suit in the name of O. B. Abbott, against plaintiff in error, before a justice of the peace, upon a promissory note made by Fewlass, payable to O. B. Abbott or bearer. Objection was taken by the defendant that the plaintiff was not named, or properly named, in the process and proceedings, but was overruled, and judgment rendered for plaintiff.
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Error to Lenawee Circuit. Defendant in error brought suit in the name of O. B. Abbott, against plaintiff in error, before a justice of the peace, upon a promissory note made by Fewlass, payable to O. B. Abbott or bearer. Objection was taken by the defendant that the plaintiff was not named, or properly named, in the process and proceedings, but was overruled, and judgment rendered for plaintiff. The defendant carried the cause by certiorari to the circuit, where the judgment of the justice was affirmed, and judgment rendered against the defendant and his surety. Subsequently, on plaintiff’s…
1Opinion of the Court
The Court
held that the objection to the name in which the suit was brought by the plaintiff is not well taken; that it will not be presumed for the purpose 6f invalidating the judgment in his favor, and in the absence of any showing upon the subject, that the plaintiff has any other name than the one used; and that the release of the surety, whether erroneous or not, could in no. wise prejudice the defendant or affect his liability as principal, and he will not, therefore, be heard to complain of it.
Judgment affirmed, with costs.
2Cited by9 opinions
- Scarborough v. MyrickNebraska Supreme Court · 1896
- Porter v. ButterfieldSupreme Court of Iowa · 1902
- Perry v. StateNebraska Supreme Court · 1895
- Stever v. BrownMichigan Supreme Court · 1899
- Fisher v. NorthrupMichigan Supreme Court · 1890
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