Springer v. Sullivan

Suit was instituted by Dewey “Selden”' and Marion Baines for the contract price agreed on for cutting timber for defendant. It developed that one of the plaintiffs was not named Dewey “Selden,” but Dewey Sullivan, and plaintiffs were allowed to amend by changing his name, and later by striking Baines as a party plaintiff. This was over objection and exception by defendants, who also moved to enter a discontinuance because of an entire change of parties plaintiff resulting from the above situation.

If an error is made in the name of a party, it may be corrected by an amendment. Whether the…