Miller v. George

The opinion of the court was delivered by

Mr. Justice McGowan.

The plaintiff sued the defendant on a small account of $18, for* board, fuel, &c. She was sued as Jane George, and she pleaded a misnomer, her real name, as she alleged, being Jennie Augusta George. On the call of the case for trial, the defendant’s attorney moved to dismiss the complaint on the ground of the alleged misnomer. The motion was refused. The plaintiff offered- in evidence, to prove her case, testimony taken by commission. The defendant objected to its admission on the grounds, that the commission was tested and signed…