Victor Auto Parts, Inc. v. Cuva

OPINION OF THE COURT

David O. Boehm, J.

Is an assumed name, under which someone does business, a separate entity for purposes of legal process? Strangely, given the many years that businesses have operated under assumed names, no guidance is offered in case law or legal treatises whether a corporation doing business under an assumed name must be designated and served in its corporate name, or whether it is sufficient to name and serve it under its assumed name.

*350The question arises out of the attempt by the petitioner, Victor Auto Parts, to collect upon its judgment against one of the…