Legal Opinion

Arbuckle v. Bowman

Supreme Court of Iowa

Decided April 15, 1858PublishedCited by 2 opinions

Appeal from the Marion District (Joxwt. This action was brought against Bowman, "Walker and Walters, to recover upon a promissory note made by B. and W., to Walters, and by him assigned to plaintiff. Bowman appeared and plead in abatement, that his name was Bowman, and not Bauman.

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Appeal from the Marion District (Joxwt. This action was brought against Bowman, "Walker and Walters, to recover upon a promissory note made by B. and W., to Walters, and by him assigned to plaintiff. Bowman appeared and plead in abatement, that his name was Bowman, and not Bauman. To this plea there was a demurrer, which was overruled; and it appearing that his true name was Bowman, it was thereupon ordered that all subsequent proceedings in said cause should be conducted against him by his true name. "Walters made no appearance. The makers of the note answered, denying the execution of the…

1Opinion of the CourtWright, C. J.

— It is first urged, that the court below erred in ordering the name of Henry Bowman to be substituted for that of Henry Bauman, after overruling the demurrer to his plea in abatement. While there is no provision of the Code expressly giving the power to order the substitution of the true name of a party, where ascertained, yet we are clear, that it is entirely competent for the court to so direct, under the numerous and liberal provisions which give the right to amend pleadings, or any paper in a cause. See sections 1759, 1758, 1757, 1855, 1856, and 1694, and Harkins v. Edwards and Turner 1,…

2Cited by2 opinions

  1. Long v. ValleauSupreme Court of Iowa · 1893
  2. Millikan v. BoothSupreme Court of Oklahoma · 1896

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