§56-4-29. Plea in abatement -- Misnomer; amendment inserting correct name.
55 words·~1 min read·
/wv/chapter-56-pleading-and-practice/article-4-rules-and-pleading/56-4-29·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No plea in abatement for a misnomer shall be allowed in any action; but in a case wherein, but for this section, a misnomer would have been pleadable in abatement, the declaration and summons may, on the motion of either party, and on affidavit of the correct name, be amended by inserting the correct name.