Tousey v. Butler

9 Tex. 525 | Tex. | 1853

Wheeler. J.

The mistake in stating the Christian name of one of the parties plaintiff is tho common case of a misnomer; and it is well settled that after misnomer pleaded in abatement, the plaintiff may correct the mistake by amendment: (Cartwright v. Chabert, 3 Tex. R., 261.) It can malee no difference whether the misnomer pleaded be tho Christian or surname; the rule is the same.

Judgment affirmed.