Skelton v. Sackett
Supreme Court of Missouri
Appeal from Be Kalb Circuit Court.- — Hon. Jos. P. GtRubb, Judge. (1) Had the party intended as defendant been before the court, he must have pleaded the misnomer, or he would be bound by a judgment rendered against him in the name by which he was sued, otherwise the “ court will take care that he is not prejudiced by any misnomer of his adversary.”
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Appeal from Be Kalb Circuit Court.- — Hon. Jos. P. GtRubb, Judge. (1) Had the party intended as defendant been before the court, he must have pleaded the misnomer, or he would be bound by a judgment rendered against him in the name by which he was sued, otherwise the “ court will take care that he is not prejudiced by any misnomer of his adversary.” Wateirbury ■». Myther, 16 Wend. 811; Entrelcin v. C hambers, 11 Kan. 368. And notice by publication by a wrong name is not sufficient to bring him before the court. Entrelcin v. Chambers, supra. “Every person is presumed to have a Christian name…
1Opinion of the CourtNorton, C. J.
This is a suit in ejectment by the widow and heirs of Charles W. Skelton to recover possession of the west half of northwest quarter of section 5, township 27, range 30, in De Kalb county. In support of their title, plaintiffs put in evidence an exemplification, duly authenticated, of letters patent of the United States, dated in 1856, granting the above described land to one Quinces R. Noland ; they also putin evidence a tax deed reciting in substance that, on the eleventh of October, 1878, judgment was rendered in the De Kalb county circuit court in favor of the state at the relation.of the…
2Cases cited3 opinions
- Bray v. McClurySupreme Court of Missouri · 1874
- Gardner v. StateIndiana Supreme Court · 1853
- Martin v. BarronSupreme Court of Missouri · 1866
3Cited by33 opinions
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- Turner v. GregorySupreme Court of Missouri · 1899
- Steinmann v. StrimpleMissouri Court of Appeals · 1888
- Williams v. LobbanSupreme Court of Missouri · 1907
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