Wilday v. Wight

This was an action of debt, brought by appellee, against appellants, on a promissory note.

The summons was issued in the name of Ann C. Wright, but the declaration was in plaintiff’s proper name, Ann C. Wight.

At the May term, 1873, appellant Wilday filed a plea in abatement, alleging the facts above stated. The court, at the same term, on motion of appellee, granted leave to amend the summons by striking out the name of Ann C. Wright and inserting her true name, Ann C. Wight, which was accordingly done. A rule was laid upon defendants to plead ten days before the next term of the court, to…