Atwood v. Landis

• Decision Date: 28 April 1876
• Citation: Atwood v. Landis, 22 Minn. 558 (Minn. 1876)
• Court: Minnesota Supreme Court
• Parties: DANIEL H. ATWOOD <I>vs.</I> WILLIAM H. LANDIS.

22 Minn. 558

DANIEL H. ATWOODvs.WILLIAM H. LANDIS.

Supreme Court of Minnesota.

April 28, 1876.

Plaintiff recovered judgment by default in the municipal court of the city of St. Paul.In the summons, (which was personally served on William H. Landis,) in the complaint, and in the judgment the defendant was described as "William A. Landers."After judgment entered and execution levied, the plaintiff obtained an order for William H. Landis to show cause why the summons and all subsequent proceedings should not be amended by inserting his name as defendant, the sole grounds of the application being that William H. Landis was personally served with the summons; that he was the same person against whom the plaintiff's cause of action, as stated in his complaint, existed; that the execution had been levied on a debt owing to him; and that, until after the levy, the plaintiff supposed that his true name was that by which he was sued.William H. Landis appeared specially to oppose the application, which was, however, granted, and the judgment and other proceedings amended accordingly, from which judgment, as amended, and from the order allowing the amendment, the defendant appealed.

Fish & Van Eman, for appellant.

O'Brien & Eller, for respondent.

CORNELL, J.

The similarity between the names "William H. Landis" and "William A. Landers" is not such as to constitute this a case of "idem sonans."It is not claimed that defendant was ever known by...