Fewlass v. Abbott

Decided October 29, 1873

Michigan Supreme Court · decided 1873-10-29

Defendant in error brought suit in the name of O. B. Abbott, against plaintiff in error, before a justice of the peace, upon a promissory note made by Fewlass, payable to O. B. Abbott or bearer. Objection was taken by the defendant that the plaintiff was not named, or properly named, in the process and proceedings, but was overruled, and judgment rendered for plaintiff.

Cited by 5 later decisions — most recently February 1902

5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-10-29

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The Court

¶1held that the objection to the name in which the suit was brought by the plaintiff is not well taken; that it will not be presumed for the purpose 6f invalidating the judgment in his favor, and in the absence of any showing upon the subject, that the plaintiff has any other name than the one used; and that the release of the surety, whether erroneous or not, could in no. wise prejudice the defendant or affect his liability as principal, and he will not, therefore, be heard to complain of it.

¶2Judgment affirmed, with costs.