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6 Wis. 80

Reeve v. Lee

Wisconsin Supreme Court

Decided July 1, 1858

Wisconsin Supreme Court · decided 1858-07-01

On the fourth day of November, 1857, the plaintiff's below, Thomas T. Peeve and George W. Eoe, by Butler, Buttrick and Cottrill, their attorneys, filed their complaint against Lewis L. Lee and Michael Steever, upon the note copied below.

Decided 1858-07-01

¶1By the Court,

Cole J.

¶2There is manifestly a variance between the names of the plaintiffs, as set forth in the complaint, and in some of the subsequent proceedings in this cause. In the complaint the plaintiffs are named as Thomas T. Eeeve *84and George W. Boe, while the judgment is in favor of Thomas T. Reeve and Gilbert W. Boe. This is a mistake which the Circuit Court would have an undoubted right to correct on a proper motion, but we do not think we have any authority to correct it. And it must be very obvious that it is for the interest and safety of all parties that the mistake should be corrected in the records of the Circuit Court. We therefore deem it advisable and proper to reverse the judgment and send the case back to the Circuit Court, to give that court an opportunity of correcting the irregularity in the premises. The other objections taken by the counsel for the appellants are sufficiently noticed in the case of Haertell against these same parties, decided the present term.

¶3Judgment of the Circuit Court reversed and cause remanded for further proceedings.

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