Sentell v. Southern Ry.
Supreme Court of South Carolina
Before DantzeER, J., Edgefield, November, 1902. Action by Rena A. Sentell, administratrix, against Southern Railway. From Circuit order, defendant appeals. cite: Misnomer must be set up by ansiver: 22 S. C., 118; 4 Strob., 32; 2 Speer, 46; 1 Ency.
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Before DantzeER, J., Edgefield, November, 1902. Action by Rena A. Sentell, administratrix, against Southern Railway. From Circuit order, defendant appeals. cite: Misnomer must be set up by ansiver: 22 S. C., 118; 4 Strob., 32; 2 Speer, 46; 1 Ency. P. & P., 35; Code of Proc., 1902, 170. Code, Ip4, cannot apply here: 29 S. C., 31; 43 S. C., 175; 62 S. C., 545. Cause of action being barred, there was nothing to amend by: 32 S. C., 142. Mr. Thurmond cites: Corporate name need only be substantially correctly pleaded: 16 Ency., Fed., 136; 19 Mich., 198. Court has power to correct: Code Proc., 194;…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Jones.
This was an action for damages for alleged wrongful death of plaintiff’s intestate by defendant’s negligence. Both in the summons and the original complaint the defendant is named “The Southern Railway Company.” The following answer, omitting caption as above, was served:
“Southern Railway Company answering the amended complaint served upon it in the above stated action:
“For a first defense: Alleges that its true name is and always has been Southern Railway Company, and not The Southern Railway Company, under which name it is sued in…
2Cases cited7 opinions
- Lilly v. Railroad Co.Supreme Court of South Carolina · 1890
- Chafee v. Postal Telegraph Co.Supreme Court of South Carolina · 1892
- Clemson Agricultural College v. PickensSupreme Court of South Carolina · 1894
- Cone v. ConeSupreme Court of South Carolina · 1901
- Davison v. West Oxford Land Co.Supreme Court of North Carolina · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Long v. Carolina Baking Co., Inc.Supreme Court of South Carolina · 1939
- Tunstall v. the Lerner Shops, Inc.Supreme Court of South Carolina · 1931
- Israel v. Carolina Bar-B-Que, Inc.Court of Appeals of South Carolina · 1987
- Long v. Carolina Baking Co.Supreme Court of South Carolina · 1939
- Buist v. WilliamsSupreme Court of South Carolina · 1908
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