McKelvey-coats Furniture Co. v. Doe

BOULDIN, Justice.

We have two statutes, new to the Code of 1923.

Section 5709, in the Chapter on Actions and Parties, reads: "Suing a party by a fictitious name, when allowed. — When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly.”

Section 9515, in the article on Amendment of Pleadings, reads: "Name of defendant. — When the plaintiff is ignorant of the name of the defendant,…