Budd v. Wilkinson

Debt. The declaration states that the defendant, Wilkinson, made his promissory note payable to E. R. Day, and that E. R. Day, before the payment thereof, assigned the note to the plaintiff. The declaration did not set forth the Christian name of Day. General demurrer, and judgment for the defendant.

This judgment must be reversed. The proper Christian and surnames of parties to a suit 'should be stated with *265certainty in the record, as has been repeatedly decided; but we are aware of no case, in which it has been held that this principle applies to the names of persons not parties. A note…