Derek v. Elder

The sole question involved in this case relates to the amendment of a summons in a justice's court. The facts out of which the question arises are substantially as follows: The plaintiff, Derek, brought suit in a justice's court against "B.W. Elder, sole trader doing business as the Elder Horse Sales Company," to recover the possession of certain personal property. The summons was served upon the defendant Elder personally. On the return day he appeared and filed an answer which placed in issue all the allegations of the complaint. At the close of all the evidence, plaintiff's counsel made…