Badger Lumber Co. v. Collinson

Citations

• 97 Kan. 791
• 156 P. 724
• 1916 Kan. LEXIS 398

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mechanic’s Lien — Foreclosure—Petition—Misnomer—Amendment— Limitation of Action. A petition to foreclose a lien for material alleged that over three hundred dollars had been paid on the account. In the exhibits the subcontractor’s statement named the owner as S. D. C., the notice of its filing giving her name as Mrs. S. D. C., and the petition averring that the property belonged to Amanda E. C., and that she is the same person as the one named in such notice. After a demurrer had been overruled the petition was permitted to be amended by inserting “Mrs.” before the name in the subcontractor’s statement. Held, that such amendment was proper although made more than one year after the filing of the lien. (Civ. Code, § 653.)</p> <p>2. Same — Judgment on Pleadings — Erroneously Given. In passing on the motion for leave so to amend the court found that the person named in the lien statement is the defendant Amanda E. C. and that she “has been commonly known and designated in her business transactions in the community in which she lives as Mrs. S. D. C.” Thereafter defendant’s motion for judgment on the pleadings was sustained. Held, ‘ error.</p> <p>3. Same. One may, without abandoning his real name and without fraudulent intent, adopt any name different from his and by which he may transact business, execute contracts, sue and be sued.</p>