Pond v. Ennis

Citations

• 69 Ill. 341

Syllabus

<p>1. Decree—pa/rty served by wrong name, though an infant, bound by. Where the real party in interest and the one intended to be sued is actually served with process in the cause, even though under a wrong name, he must take advantage of the misnomer by plea in abatement in such suit, and if he does not he will be concluded by thg judgment or decree rendered, the same as if he were described by his true name. And this rule applies as well to infant as adult defendants.</p> <p>2. In a suit to foreclose a mortgage against the infant heirs of the mortgagor, one of the heirs was described in the proceedings and process by the name of Qollin, when, in truth, her name was Juliather Eoline. The summons was served on her by the first name, and a guardian ad litem was appointed for her, who neglected to plead the misnomer, and a decree of foreclosure and sale was rendered, under which the mortgaged premises were sold and conveyed: Held, that Juliather Eoline was concluded by the record of the decree and sale, the same as though her proper name had appeared therein as a defendant.</p> <p>3. Same—party may be connected with record by proof aliunde. Where a party is sued by a wrong name, and suffers a judgment or a decree to be taken against him by such name, he may be connected with the suit by proper averments, and when such averments are made and proved, the party intended to be named in the .judgment .or decree is affected thereby as though he were properly named therein.</p>