Schoellkopf v. Ohmeis
New York Court of Common Pleas
Action by Matilda Schoellkopf against Jacob Ohmeis. Plaintiff moves to amend the process and proceedings nunc pro tunc by substituting the name of Joseph M. Ohmeis for Jacob Ohmeis. Denied.
1Opinion of the CourtPbyor, J.
Served with a summons against Jacob Ohmeis, Joseph M. Ohmeis failed to appear in the action; and upon his default, and an inquisition of damages, judgment has been entered against Jacob Ohmeis. The plaintiff moves to amend the process
*737and proceedings, nunc pro tunc, by substituting the name Joseph M. Ohmeis for Jacob Ohmeis. It is not disputed that Joseph M. Ohmeis is the person against whom it was intended to prosecute the action. The precise, question in controversy, whether after judgment an amendment may be allowed so as to conform the process and proceedings to the real name of a party…
2Cases cited5 opinions
- First National Bank v. JaggersCourt of Appeals of Maryland · 1869
- Farnham v. HildrethNew York Supreme Court · 1860
- Griswold v. SedgwickNew York Supreme Court · 1826
- Waterbury v. MatherNew York Supreme Court · 1837
- Tasker v. WallaceNew York Court of Common Pleas · 1876
3Cited by9 opinions
- McNeal v. Hayes Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Stuyvesant v. WeilNew York Supreme Court · 1899
- Vogt v. Calvary Lutheran University Missionary SocietyWisconsin Supreme Court · 1933
- Simon v. UnderwoodCity of New York Municipal Court · 1908
- People ex rel. Aldhouse v. McCarthyNew York Supreme Court · 1903
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