Weaver v. Jackson

Case. Plea, not guilty. "Verdict and judgment for the plaintiffs below.

On the calling of the cause, the defendant put in a plea in abatement for a misnomer, stating that he was sued by the Christian name of William, when in fact his Christian name was Boston. The plaintiffs admitting the plea to be true, and having proved that the process had been served on the real defendant Boston. Weaver, moved for leave to amend *6the declaration by striking out William and inserting Boston. The motion was granted, and the declaration immediately amended accordingly; whereupon the defendant pleaded the…