Northgate Village Apartments v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding “the burden is on the party asserting insufficiency of service of process to show that the person served was not his agent”
• correction of a misnomer involves no substitution of parties and does not add a new and distinct party
• “Where the real defendant has been properly served, a plaintiff has the right to amend in order to correct a misnomer in the description of the defendant contained in the complaint.”
• res judicata, an affirmative defense, waived if not asserted in timely-filed responsive pleading
• res judicata, an affirmative defense, waived if not asserted in timely-filed responsive pleading

Source: CourtListener parenthetical corpus (CC0).