PARTIES - RIGHT TO SUE DEFENDANT BY FICTITIOUS NAME

Authors

Oliver B. Crager, University of Michigan Law School

Abstract

Plaintiff brought an action of detinue to repossess an electric refrigerator against "John Doe, whose name is to the plaintiff otherwise unknown, but will be inserted by way of amendment when ascertained," in accordance with an Alabama statute allowing suits to be started against defendants by a fictitious name. Writ of seizure issued on the same date as the summons, but the sheriff did not make service. When it was found that the refrigerator was in the possession of a woman, plaintiff amended the complaint to substitute "Mary Roe, whose name is to the plaintiff otherwise unknown, etc." Service was again unsuccessful but the property was seized. Plaintiff then amended the complaint to substitute Cassie Dill and D. G. Ewing for the fictitious names. These parties appeared and moved to discontinue, the trial court granting the motion. Held, reversed, on the ground that there was not such a change of parties as would justify the defendants' motion. McKelvey-Coats Furniture Co. v. Doe, (Ala. 1940) 198 So. 128. Code

Recommended Citation

Oliver B. Crager, PARTIES - RIGHT TO SUE DEFENDANT BY FICTITIOUS NAME, 39 Mich. L. Rev. 1243 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss7/20