Brace v. Benson
New York Supreme Court
Error from the Madison common pleas. Brace and 20 others as plaintiffs, commenced a suit before a justice of the peace, against Benson, by summons. In the summons one of the plaintiffs was named Joseph 8. Keeler.
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Error from the Madison common pleas. Brace and 20 others as plaintiffs, commenced a suit before a justice of the peace, against Benson, by summons. In the summons one of the plaintiffs was named Joseph 8. Keeler. On the return of the process the parties appeared, and the plaintiffs by their counsel moved the justice that the summons be amended, by striking out the word Joseph in the name of Joseph S. ICeeler, and inserting in lieu thereof the word Jasper, so as to make the same conform to a written request for process delivered to the justice before the issuing of the summons; which motion…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question is whether mesne process is amendable in the name of the plaintiff in such process, and whether such amendment may be made in a justice’s court. It has been decided in this court that mesne process is not amendable when tested or returnable out of term. 4 Cowen, 49, 504. It has been amended when returnable at a wrong place, 1 Cowen, 141; and where the name of a wrong person was inserted as chief justice, 1 Cow* era, 203. Amendments have been granted by inserting a different person as defendant from the one named in the writ; but not different from…
2Cited by12 opinions
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