United States v. A. H. Fischer Lumber Co.

How courts have described this case

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

• holding that the misnomer of a corporation was properly raised in a motion to dismiss in lieu of the old plea in abatement
• setting aside defect where “every intelligent person understands who is meant” by named party
• inclusion of Inc. in corpo- rate name of defendant and Lumber in other case did not make complaint defective
• “As a general rule the misnomer of a corporation in a notice, summons, notice by publication, garnishment citation, writ of certiorari, or other step in a judicial proceeding is immaterial if it appears that it could not have been, or was not, misled.”

Source: CourtListener parenthetical corpus (CC0).