Legal Opinion

Parry v. Woodson

Supreme Court of Missouri

Decided January 15, 1863PublishedCited by 30 opinions

Appeal from Greene Common Pleas Court. I. The court below did right in permitting plaintiff to amend by changing the Christian name of the defendant. (R. C. 1855, § 3, p. 1253; Middleton & Riley y. Erame, 21 Mo. 412.) II. Even if the court below had erred in permitting the plaintiff to amend, the judgment could not be set aside by motion; it must be done by petition and affidavit. (R. C. 1855, p. 1281, § 13, 14, 15 & 16.) III.

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Appeal from Greene Common Pleas Court. I. The court below did right in permitting plaintiff to amend by changing the Christian name of the defendant. (R. C. 1855, § 3, p. 1253; Middleton & Riley y. Erame, 21 Mo. 412.) II. Even if the court below had erred in permitting the plaintiff to amend, the judgment could not be set aside by motion; it must be done by petition and affidavit. (R. C. 1855, p. 1281, § 13, 14, 15 & 16.) III. It was too late, after verdict and judgment, to take advantage of a misnomer. (Thompson & Price v. Elliot, 5 Mo. 118 ; Carpenter v. State, 8 Mo. 291; 1 Chit. 282.) IY.…

1Opinion of the CourtDryden, Judge

The plaintiff sued the defendant by the name of Benjamin H. Woodson to recover the amount of a promissory note made by the defendant. Process was personally served, and at the return term, and after the expiration of the time for answering, the plaintiff, having obtained leave, amended his petition by striking out the name Benjamin and inserting in its place the name Branham; and the defendant still contin*348uing in default, judgment was rendered for the plaintiff. The defendant then appeared and moved the court to set aside the judgment; but his motion being overruled, he appealed to this court.

2Cited by30 opinions

  1. Abilene Independent Telephone & Telegraph Co. v. WilliamsTexas Supreme Court · 1921
  2. Kronski v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
  3. Young v. DowneySupreme Court of Missouri · 1899
  4. Green v. StrotherCourt of Appeals of Kansas · 1919
  5. Alabama & Vicksburg Railway Co. v. BoldingMississippi Supreme Court · 1891

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