Kenyon v. Semon
| Decision Date | 24 April 1890 |
| Citation | 45 N.W. 10,43 Minn. 180 |
| Parties | KENYON ET AL. v SEMON. |
| Court | Minnesota Supreme Court |
OPINION TEXT STARTS HERE
(Syllabus by the Court.)
The fact that the parties to an action are designated by the initials of their Christian names is no ground for the dismissal of the complaint, or reversal of the judgment. The proper remedy is by motion to require the complaint to be corrected or amended.
Appeal from municipal court of Minneapolis; MAHONEY, Judge.
Action by A. H. Kenyon and others against J. S. Semon and others. From a judgment for plaintiffs, defendant W. H. Semon appeals.
N. H. Miner, for appellant.
C. E. Conant, for respondents.
The practice of designating the parties, either plaintiff or defendant, by the initials of their Christian names, is irregular, and has been more than once disapproved by this court; but it is no ground for the dismissal of the complaint, or for a reversal of the judgment. The proper remedy, in such a case, is by motion to require the complaint to be amended or corrected in that respect. The other question sought to be raised is not involved in this appeal, at least on the present record. Order and judgment affirmed.
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D'Autremont v. Anderson Iron Co.
...parties in judicial proceedings. Rev. Laws 1905, § 4157; Casper v. Klippen, 61 Minn. 353, 63 N. W. 737,52 Am. St. Rep. 604;Kenyon v. Semon, 43 Minn. 180, 45 N. W. 10. In respect to similar mistakes in conveyances of land, mortgages, contracts, or statutory proceedings for the foreclosure of......
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D'Autremont v. Anderson Iron Co.
...names of parties in judicial proceedings. R.L. 1905, § 4157; Casper v. Klippen, 61 Minn. 353, 63 N.W. 737, 52 Am. St. 604; Kenyon v. Semon, 43 Minn. 180, 45 N.W. 10. respect to similar mistakes in conveyances of land, mortgages, contracts, or statutory proceedings for the foreclosure of mor......
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D'Autremont v. Anderson Iron Co.
...of parties in judicial proceedings. R. L. 1905, § 4157; Casper v. Klippen, 61 Minn. 353, 63 N. W. 737, 52 Am. St. 604; Kenyon v. Semon, 43 Minn. 180, 45 N. W. 10. In respect to similar mistakes in conveyances of land, mortgages, contracts, or statutory proceedings for the foreclosure of mor......
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Gustafson v. Johnson
...party defendant was amendable in the trial court. Wise v. Chicago B. & Q.R. Co. Relief Dept., 133 Minn. 434, 158 N.W. 711; Kenyon v. Semon, 43 Minn. 180, 45 N.W. 10; 3 Dunnell, Dig. & Supp. § A mistake in the name of a party which is amendable in the lower court will be disregarded by this ......