38-2-6. [Name of defendant unknown.]
98 words·~1 min read·
/nm/chapter-38-trials/article-2-pleadings-and-motions/38-2-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When the plaintiff shall be ignorant of the name of the defendant, such defendant may be designated in any pleading or proceeding by any name or description, and when his true name is discovered, the pleading or proceeding may be amended accordingly. The plaintiff in such case must state in his complaint that he could not ascertain the true name, and the summons must contain the words, "real name unknown".
History: Laws 1897, ch. 73, § 84; C.L. 1897, § 2685 (84); Code 1915, § 4166; C.S. 1929, § 105-609; 1941 Comp., § 19-406; 1953 Comp., § 21-4-6.