Thanhauser v. Savins
Court of Appeals of Maryland
Appeal from the Court of Common Pleas. This was an action upon the common counts, with a special count upon a promissory note, instituted in the name of B. Savins, against S. G. Thanhauser. The case is further stated in the opinion of the Court. The verdict and judgment were for the plaintiff, and the defendant appealed. The rule is that the declaration must set out the Christian and surname of the parties correctly.
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Appeal from the Court of Common Pleas. This was an action upon the common counts, with a special count upon a promissory note, instituted in the name of B. Savins, against S. G. Thanhauser. The case is further stated in the opinion of the Court. The verdict and judgment were for the plaintiff, and the defendant appealed. The rule is that the declaration must set out the Christian and surname of the parties correctly. Union Bank vs. Tillard & Ireland, 26 Md., 452 ; Stephenson Pleading, 302, (margin); 1 Chitty on Pleading, 256; Gould’s Pleading, sec. 71, p. 256, ch. 5. This action was therefore…
1Opinion of the CourtBowie, J.
The question presented by the bill of exceptions in this case, is whether the appellee, who instituted suit against the appellant, in the Court of Common Pleas, and declared in the name and by the description of “B. Savins,” could amend the writ and proceedings in the cause, by inserting the real name of the plaintiff, viz., “Benjamin,” for “B.” The defendant pleaded in abatement, “that the plaintiff’s name was not CB. Savins,’ but that his real name was unknown to him.” The plaintiff demurred to the plea, but afterwards withdrew his demurrer, and asked leave to amend by inserting as above,…
2Cases cited3 opinions
- Berry v. HarperCourt of Appeals of Maryland · 1832
- State ex rel. Johnson v. GreenCourt of Appeals of Maryland · 1832
- Stoddert v. NewmanCourt of Appeals of Maryland · 1826
3Cited by4 opinions
- Montgomery v. StateCourt of Appeals of Maryland · 1981
- Eagan v. AydCourt of Appeals of Maryland · 1988
- Eagan v. AydCourt of Appeals of Maryland · 1988
- Montgomery v. StateCourt of Appeals of Maryland · 1981