Truitt v. Lecates

Decided January 14, 1915

Superior Court of Delaware · decided 1915-01-14

Action by J. Stanford Lecates, Clerk of School District No. 40, before a justice of the peace, against Josiah A. Truitt. There was a judgment for plaintiff, and defendant brings certiorari, (No. 12, June Term, 1913), commanding the justice to send up the record of the judgment. The cause of action was stated on the record to be “Action to recover school tax. Demand two dollars and forty cents.”

Decided 1915-01-14

Boyce, J.,

¶1delivering the opinion of the court:

¶2The exception relied upon is:

“That the plaintiff in said judgment sued by his initials and not by his full name.”

¶3While adhering to former decisions by this court, that a person may not sue or be sued by his initials alone, we think in this case, inasmuch as the Christian name is given as J. Stanford, it sufficiently identifies the plaintiff, and that the judgment below should be affirmed. Besides Lecates sued as Clerk of School District No. 40.

¶4The judgment is affirmed.