Section 11. Misnomer of party not available


Latest version.
  • Where an action, authorized
      by a law of the state, is  brought  against  one  or  more  persons,  as
      stockholders  of  a  joint-stock association, an objection to any of the
      proceedings cannot be taken, by a person properly made  a  defendant  in
      the  action,  on the ground that the plaintiff has joined with him, as a
      defendant in the action, a person, whose name appears on the stock-books
      of the association, as a stockholder thereof, by the name so  appearing;
      but who is misnamed, or dead, or is not liable for any cause.  In such a
      case,  the  court may, at any time before final judgment, upon motion of
      either party, amend the pleadings and other papers, without prejudice to
      the previous proceedings, by substituting the true name  of  the  person
      intended,  or by striking out the name of the person who is dead, or not
      liable, and, in a proper case, inserting the name of his  representative
      or successor.