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32 Miss. 201

Stratton v. Taylor

Mississippi Supreme Court

Decided October 15, 1856

Mississippi Supreme Court · decided 1856-10-15

In error from the Circuit Court of Rankin County. Hon. John E. M‘Nair, judge. Contended, that the amendment could not relate back to the commencement of the suit, and cure the want of a right of action in the plaintiff at that time. That the legal title must be in the plaintiff when the action is brought, and it is not sufficient if it be so at tbe time of tbe trial. 6 Birm. R. 454; 5 Harr. & J. 16 4; 5 Watts & Serg. 427; B How. Miss. R. 888; 11 S. & M. 452.

Decided 1856-10-15

Fisher, J.,

¶1delivered tbe opinion of tbe court.

¶2This action was commenced by Wright, Davenport & Co., as indorsees of a promissory note, made by Stratton, payable to Taylor & Richardson. Finding that they were mistaken as to tbe indorsement of the note, an amended complaint was filed, making Taylor & Richardson, tbe nominal plaintiffs, and Wrigbt, Davenport & Co., tbe usees. It is insisted that this amendment could not be made under tbe Pleading Act of 1850.

¶3Tbe 13th section of that act gives tbe court full power to make amendments, either by adding or striking out tbe name of any party to a pleading. Tbe amendment in this instance was fully authorized by this section.

¶4Judgment affirmed.

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