Martin v. Waltman

Where, as in this case, a declaration in attachment is brought against a defendant in a trade name, the defendant named therein being Ed Martin Sea Food Company, such a declaration, is amendable by alleging and inserting the name of the individual doing business under such a trade name, so that the name of the defendant is shown as Ed Martin, doing business as Ed Martin Sea Food Company, and such an amendment does not involve the substitution of a new and distinct party, but merely serves to identify the intended defendant as an individual doing business under a trade name. Accordingly, the…