Derek v. Elder

Tbe sole question involved in tbis case relates to tbe amendment of a summons in a justice’s court. Tbe facts out of wbicb tbe question arises are substantially as follows: Tbe plaintiff, Derek, broug’bt suit in a justice’s court against “B. W. Elder, sole *636trader doing business as tbe 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…