Smith v. Yearwood

The plaintiff, as named in the original summons and caption of the complaint, was “Mrs. Houston Smith, pro ami, Joe Smith.” In count 2 of the original complaint, the plaintiff was named as “Joe Smith,” without naming his next friend. At the trial, by leave of the- court first had and obtained, the plaintiff amended his complaint as follows, to-wit: By amending the caption of the complaint where the same reads, “Mrs. Houston Smith, pro ami, Joe Smith,” to read, instead, “Joe Smith, by his next friend and mother, Mrs. Houston Smith;” and by striking from said complaint counts 1 and 2 and adding…