Weaver v. Young
Supreme Court of Kansas
Error from, Marion District Court. Ejectment brought by Joseph M. Young against Daniel Weaver. Trial by the court at the March Term, 1885, and finding and judgment for defendant Weaver. Plaintiff demanded a second trial, which was granted. At the June Term, 1885, the plaintiff and E. J. Young filed a motion to substitute the latter as plaintiff in the action in place of Joseph M. Young.
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Error from, Marion District Court. Ejectment brought by Joseph M. Young against Daniel Weaver. Trial by the court at the March Term, 1885, and finding and judgment for defendant Weaver. Plaintiff demanded a second trial, which was granted. At the June Term, 1885, the plaintiff and E. J. Young filed a motion to substitute the latter as plaintiff in the action in place of Joseph M. Young. This motion was supported by the following affidavit : “ Frank Doster on oath says he is an attorney at law of the district court of Marion county, Kansas; that he is the attorney of the above-named Joseph M.…
1Opinion of the Court
Opinion by
Simpson, C.:
The only question discussed by counsel on both sides in their briefs is, the power of the court to make the amendment. This consisted in substituting the name of E. J. Young as plaintiff, in the place of Joseph M. Young, who, by mistake of the attorney for defendant in error, was originally made the plaintiff in the action. E. J. *72Young is the wife of Joseph M. Young, and is the person to whom the deed was made, which is now claimed to have conveyed to her the title to the land involved in this controversy. We must confess that if this question were now presented to the…
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