Sherman v. Proprietors of Connecticut River Bridge
Massachusetts Supreme Judicial Court
The plaintiff brought an action against the defendants by the name of “ The Proprietors of a Bridge over Connecticut River, between Montague and. Greenfield, late in the county of Hampshire, and now in the county of Franklin.” On motion to the Court at the last April term, which was holden by one judge, the plaintiff was permitted to amend his writ by altering the name of the defendants to that of “ The Proprietors of Connecticut River Bridge.”
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The plaintiff brought an action against the defendants by the name of “ The Proprietors of a Bridge over Connecticut River, between Montague and. Greenfield, late in the county of Hampshire, and now in the county of Franklin.” On motion to the Court at the last April term, which was holden by one judge, the plaintiff was permitted to amend his writ by altering the name of the defendants to that of “ The Proprietors of Connecticut River Bridge.” The defendants objecting to the said amendment, the question was reserved for the consideration of the Court at this term. And now Mills, of counsel…
1Per curiam
The first corporation was dead, and the new one was created for the same purpose and object. The writ was served on the clerk of the existing corporation, by which regular notice was given the real proprietors of the bridge. This is, then, the common case of a misnomer. The amendment may be made, on the common rule of an election by the defendants of the costs of the action to this time, or a continuance, (a)
Burnham vs. Savings Bank, 5 N. H. R. 573. — 1 Chitty, 282, 486, 5th ed.—1 B. & P. 40 —3 Anst. 935.—3 Camp. 29. —16 East, 110.—6 M. & S. 45.—10 Mass. Rep. 203. — Denny & Al. vs. Ward, 3…
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