Kirschner ex rel. Kirschner v. Abbotts Bakeries, Inc.

The defendant herein moves for an order amending nunc pro tunc a notice of appeal taken from a judgment entered in the Municipal Court in favor of the plaintiff, by substituting the name “Abbotts Bakeries, Inc.” instead of the name “ Charles E. Abbott ’ ’ which now appears therein as the name of the defendant. Upon the trial of the action this substitution was made by consent of the defendant. Plaintiff recovered a judgment and by inadvertence the defendant’s notice of appeal filed with the clerk contained the name of ‘ ‘ Charles E. Abbott ’ ’ as defendant instead of “Abbotts Bakeries, Inc.,”…