Davis v. David

Decided June 15, 1848

Supreme Court of Iowa · decided 1848-06-15

Error, lo Jefferson District Court. This was an action of assumpsit commenced in the name of “ A. J. Davis,” as the payee of a note against the maker, and dismissed on motion in the court below, because the plaintiff was not described by any Christian name. This cause was decided in the court below, on amotion filed bv defendant in error to dismiss the suit, on the ground that the plaintiff is not in the writ or summons described by any Christian name.

Decided 1848-06-15

¶1Opinion by

Hastings, C. J.

¶2The court below sustained the defendant’s motion to dismiss the suit, for the reason that plaintiff did not set out his full given name in the process.

¶3The defendant acknowledged the name of the plaintiff to be as described in' the process, by his signature to the note, and is thereby estopped from setting up that such is not his proper name and description.

¶4An omission to set out the proper name of a party, can only be taken advantage of by plea in abatement, unless such omission appear of record.

¶5The defendant’s motion then ought not to have been sustained ; and the judgment is reversed and cause remanded.

¶6Judgment reversed.