PROCESS-MISNOMER IN SUMMONS-AMENDMENT

Authors

R. Lawrence Storms S.Ed., University of Michigan Law SchoolFollow

Abstract

Plaintiff intended to sue James Brago, but by mistake used the name "Joseph Brago" in the complaint and summons. Joseph happened to be the name of intended defendant's brother. Copies of process were left with James' wife, but as sister-in-law of Joseph who resided elsewhere. When plaintiff realized the error, the statute of limitations prevented his bringing a new suit. Plaintiff's motion to amend the summons and complaint was granted. On appeal, held, order reversed so far as it purports to amend the summons. Patrick v. Brago, 4 N.J. Super. 226, 66 A. (2d) 749 (1949).

Recommended Citation

R. L. Storms S.Ed., PROCESS-MISNOMER IN SUMMONS-AMENDMENT, 48 Mich. L. Rev. 719 (1950).
Available at: https://repository.law.umich.edu/mlr/vol48/iss5/20