McMullen v. Jewell

The judgment of the court was pronounced by

Rost, J.

This suit was brought on an open account in the name -of John T. McMullen. The account annexed to the petition is in the name of Joseph T. McMullen. An exception taken by the defendant to tlie 'first service of proces made upon him, was sustained by the court, and a new service ordered and made. On the trial of the suit the plaintiff-obtained leave to file an amended petition by which the name of Joseph T. McMullen was substituted to that of John T. McMullen. To this a bill of exceptions was taken by the defendant, who now appeals from the…