Your recipients will receive an email with this envelope shortly and The program is offered in two formats: on-campus and online. The Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of Limitations if (1) there is evidence that the intended defendant has in fact been properly served, and (2) the intended defendant would not be prejudiced by the amendment. Liss v. Seamark Foods, 147 N.C. App. WebAmendment of Misnomers on Motion Universal Citation: GA Code 9-10-132 (2020) All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other Disposition of Citations by Written Plea of Guilty - Limitations - Deferred Payment Agreements. Unlike Federal Rule 15(c), however, North Carolinas Rule 15(c) makes no mention of adding new parties. See Enserch Corp. v. Parker, 794 S.W. in the jurisdiction of Gwinnett County. Burroughs, Naja, Esquire, Defendants filed an Opposition on in the jurisdiction of New Haven County. 5.04(2) and 26.01 of the Rules of Civil Procedure. endobj 2017); see also N.C. R. Civ. A week laterjust after the statute of limitations expiredMr. On March 8, 2022 a post judgment domestic contempt* case was filed will be able to access it on trellis. The post Amending the Defendants Name: Correcting a Misnomer or Adding a New Defendant? A misnomer in any pleading 1999). <> stream Call for a free consultation : 214-219-9900, On Behalf of The Bassett Firm | Aug 8, 2017 | Firm News. Jim Pattison Industries Limited, 2016 ONSC 3182 also followed Mazzuca in granting the plaintiffs motion to correct the misnomer of To explore this concept, consider the followingmisnomerdefinition. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. [Bryant v. Rorer, 66 Va. Cir. The original law of misnomer is reflected in section 21 of the Limitations Act, 2002 which states that if a limitation period in respect of a claim against a person has Rogers Partners Celebrates Black History Month. If the mistake is misnomer, sometimes the most efficient course of action will be a simple phone call or letter to the opposing attorney identifying the problem. Attorney For The Plaintiff, Davis, Willie G, Jr. After the limitations period expired, the plaintiff moved to correct defendants name to reflect defendants official corporate name Seamark Enterprises, Inc. The record was clear, however, that Seamark Enterprises, Inc. operated under the assumed name Seamark Foods, as shown by a Certificate of Assumed Name filed with the Dare County Register of Deeds. By Meryl Rodrigues. The change can also be accomplished through an affidavit stating the correct name. 4(i). If, as in Taylor and Liss, the intended defendant, Brightline Foods NC, Inc., in fact operated as Brightline Foods, Inc.; or if Brightline Foods, Inc. does not exist and Brightline Foods NC, Inc., had notice of the original action, the plaintiff may be positioned to amend. The court permitted the plaintiff to substitute the correct name of the contractor, Cezanne Homes, in place of XYZ Contractor. A misnomer is different from mistaken identity, as the actual identity of the individual is not in question, only the name stated in a legal document. Here are a few examples: In the case of J.A. The court may correct a clerical mistake or a The doctrine of misnomer is quite broad. 3838 Oak Lawn AvenueSuite 1300Dallas, TX 75219, 2023 The Bassett Firm All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Commercial Motor Vehicle Accident Defense, What trucking companies can do to reduce accident risk, Civil Liability for Livestock on Highways, Compelling a Witnesss Appearance at an Oral Deposition and Rule 199.3s substitute notice process. WebAmendment of misnomers on motion All misnomers, whether in the Christian name or surname, made in writs, pleadings, or other civil judicial proceedings, shall, on << /Type /Page /Parent 1 0 R /LastModified (D:20220819020501+00'00') /Resources 2 0 R /MediaBox [0.000000 0.000000 612.000000 792.000000] /CropBox [0.000000 0.000000 612.000000 792.000000] /BleedBox [0.000000 0.000000 612.000000 792.000000] /TrimBox [0.000000 0.000000 612.000000 792.000000] /ArtBox [0.000000 0.000000 612.000000 792.000000] /Contents 10 0 R /Rotate 0 /Group << /Type /Group /S /Transparency /CS /DeviceRGB >> /Annots [ 7 0 R ] /PZ 1 >> If, as in Taylor and Liss, the intended defendant, Brightline Foods NC, Inc., in fact operated as Brightline Foods, Inc.; or if Brightline Foods, Inc. does not exist and Brightline Foods NC, Inc., had notice of the original action, the plaintiff may be positioned to amend. Amending pleading; relation back to original pleading. If opposing counsel does not promptly dismiss the misidentified entity from the case, follow up with a Motion for Summary Judgment. WebThe Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of the Statute of Texas recognizes a limited exception to the general rule against tolling in a misidentification case. WebTake these steps to correct a clerical or legal error: Fill out the SC-108 form Request to Correct or Cancel Judgment and Answer. The Court of Appeals has explained that: [a]n amendment to correct a misnomer in the description of a party defendant may be granted after the expiration of An affidavit of a law clerk at the plaintiffs lawyers office indicated that counsel was not aware of the identity of Cezanne Homes at the time the claim was issued. represented by Stones attorney discovered that the complaint and summons misstated Defendants name. v. Varsity Brands, Inc. A wrong or inaccurate name, or inappropriate designation, The misnaming of a person or thing in a legal instrument, Tin foil and tin cans are now made of aluminum, A parkway is actually a road, not a parking lot. Your content views addon has successfully been added. against 4(i). one with zero interest in the suit. against This is especially true if the misnomer is not material to the case at hand. WebGeneral Provisions 8.01-6. App. Further, Master Sugunasiri was satisfied that, on reading the claim, Cezanne Homes would know that it is at least one of the intended defendants. This site is protected by reCAPTCHA and the Google, There is a newer version of the Georgia Code, CHAPTER 10 - CIVIL PRACTICE AND PROCEDURE GENERALLY. 1994)). In contrast, misidentification occurs when a plaintiff serves an incorrect entity, i.e. The court concluded that here, we are concerned with only one legal entity which uses two names, not an attempt to substitute one legal entity for another as defendant. Plaintiff did not add or substitute a new defendant to the action, he merely corrected a misnomer in the summons and complaint. Liss v. Seamark Foods, 147 N.C. App. Civ. ] Liss, 147 N.C. App. The law, generally, permits reasonable name corrections as necessary. In many cases, a contract that was executed without correction of a misnomer can be corrected with an amendment. Suite 500, P.O. The plaintiff brought a motion on June 28, 2019 to correct the names of the owners of the townhouse unit on the basis of misnomer. The above example is not the case of a classic misnomer involving a mere irregularity, such as a spelling mistake or a misnamed party. 179 (2008). This may occur in the creation of a contract, the filing of a lawsuit, creation of a will, or in other legal dealings. You can always see your envelopes You already receive all suggested Justia Opinion Summary Newsletters. ] Liss, 147 N.C. App. File the form at the clerks office where your case was heard within 30 days after the clerk mails the judgment. at 285. Fax: (416) 594-9100, 2023 Rogers Partners LLP. As you can imagine, addressing misnomer versus misidentification requires vastly different approaches. Your subscription was successfully upgraded. The term misnomer refers to an error made when naming a person, place, or thing. Jones v. Whitaker, 59 N.C. App. [14th Dist.] Rule 15 (c) is amplified to state more clearly when an amendment of a pleading changing the party against whom a claim is asserted (including an amendment to correct a misnomer or misdescription of a defendant) shall relate back to the date of the original pleading. On December 6, 2019 a case was filed The attorney moved to amend the complaint and summons to change the stores name from Brightline Foods, Inc. to Brightline Foods NC, Inc., and the court allowed it. Id. at 285. You can always see your envelopes In addition, Timothy Walters, president of Seamark Enterprises, Inc., had received service of the original complaint against Seamark Foods at Seamark Enterprises, Inc.s proper corporate address. Please check official sources. Michael P. Kamp Ct. 2004)] A misnomer can be corrected by amendment. %PDF-1.7 If you wish to keep the information in your envelope between pages, when new changes related to " are available. There is no fee. If you file on the eve of the statute of limitations and you draw a motion to dismiss based on the contention that youve sued the wrong defendant, initiate discovery immediately interrogatories, request for production, depositions to test the Track Judges New Case, O'Rourke & Associates Llc Flour Bluff ISD v. Bass, 133 S.W. So, to return to our hypothetical, will the trial judge dismiss Mr. Stones amended complaint against Brightline Foods NC, Inc.? Attorney For The Plaintiff. Burroughs, Naja, Esquire In Crossman v. Moore, our Supreme Court made clear that the North Carolina Rule does not operate like the Federal Rule: [T]his rule does not apply to the naming of a new party-defendant to the action. 34, 39 (2002), and that it is technical in nature[. 1974). The attorney moved to amend the complaint and summons to change the stores name from Brightline Foods, Inc. to Brightline Foods NC, Inc., and the court allowed it. Many Louisiana courts -cite this language when -refusing to allow an amended petition to relate Sign up for our free summaries and get the latest delivered directly to you. Schwalenberg, Steve, The doctrine of misnomer seems, more often than not, to be quite generously applied to permit litigants to add (or, more accurately, substitute) parties to an action, generally well after the expiry of the presumptive two year limitation period. The plaintiff brought a motion for leave to amend her claim to correct the alleged misnomer of John Doe Maintenance Company by substituting Maple and Royal. Toronto, Ontario, M5K 1J5, E-mail: info@rogerspartners.com If opposing counsel is uncooperative, consider filing a Motion to Abate. First Amended Complaint to be filed within five court days. P. 21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just. A more complex example comes from Taylor v. Hospice of Henderson Cty., Inc., 194 N.C. App. Box 255 BACKGROUND Alloways filed his Complaint against Multiserv North America n/k/a Harsco Metals North America in the Circuit Court for Baltimore County. After the limitations period expired, the plaintiff moved to correct defendants name to reflect defendants official corporate name Seamark Enterprises, Inc. The record was clear, however, that Seamark Enterprises, Inc. operated under the assumed name Seamark Foods, as shown by a Certificate of Assumed Name filed with the Dare County Register of Deeds. Dent-X Canada, The UNC MPA program prepares public service leaders. Master Sugunasiri outlined the applicable law as follows: [13] Traditionally, the law ofmisnomerwas quite narrow, permitting a plaintiff to correct minor spelling errors in a defendants name as long as the defendant had been served with the claim. 10 0 obj If the court and the parties agree any issue of law and any motion of any nature or kind may be considered in chambers at any time or place in the state; or such question of law Thus, courts have consistently held that a personal injury suit is properly barred as a matter of law based on limitations where a plaintiff misidentifies someone other than the intended defendant in the original petition and fails to amend and serve the proper defendant prior to the expiration of the statute of limitation. Attorney For The Plaintiff, Hicks, Leanne Chancey The University of North Carolina at Chapel Hill. 1990). Additionally, in a situation of misidentification, there is no duty on the correct entity to point out the error or intervene in the case. R. Smith, J in Maxrelco Inc.v. Do not wait for the mistake to be corrected before filing a timely answer, and be sure to explain the misnomer in your answer. Georgia may have more current or accurate information. Pro. Stones attorney discovered that the complaint and summons misstated Defendants name. Because the briefing the parties submitted was only related to the motion for summary judgment, the court also denied the insureds motion to correct misnomer, which was also before the court, because the court did not have sufficient information to decide whether the insured sued the wrong entity or misnamed the correct entity. In addition, Timothy Walters, president of Seamark Enterprises, Inc., had received service of the original complaint against Seamark Foods at Seamark Enterprises, Inc.s proper corporate address. On the other hand, if there is an existing, separate entity called Brightline Foods, Inc. the court may be compelled to follow Crossman, Treadway, and others and dismiss the action because it effectively names a new defendant. Disclaimer: These codes may not be the most recent version. Your gift will make a lasting impact on the quality of government and civic participation in North Carolina. As used in the U.S. legal system, the term misnomer signifies that an incorrect name has been given in a legal pleading, indictment, accusation, or other legal process. x]]s}oufx/vM:wI. Your credits were successfully purchased. Amending the Defendants Name: Correcting a Misnomer or Adding a New Defendant? Pl.s Compl., ECF No. On the other hand, misidentification generally does not toll the applicable limitations period. This rule is generally not an issue in misnomer cases as the correct defendant is served, even if service occurred under the incorrect name. In light of the contrary information of the plaintiffs knowledge of Cezanne Homes, Master Sugunasiri gave no weight to this. Lastly, Master Sugunasiri was satisfied that Cezanne Homes would not be prejudiced, stating: Sometimes delay in bringing themisnomermotion causes non-compensable prejudice and warrants the courts protection of the proposed defendant. Cezanne Homes had a sign on the site that included its name. Matthews Trucking Co. v. Smith, 682 S.W. All Rights Reserved. 3d 565, 570 (Tex. WebThus, one defendant cannot be substituted for another under the guise of a misnomer. Your alert tracking was successfully added. Peregoy filed the lawsuit using the companys fictitious name which was currently being used, though it hadnt been used at the time the work was done. 223 (1982). This motion was opposed by the defendant driver. by Attorney For The Plaintiff. Barth v. Bank of Am., N.A., 351 S.W.3d 875, 876-77 (Tex. Rule 15 of the North Carolina Rules of Civil Procedure states that courts should freely allow amendments to complaints when justice so requires. If the statute of limitations has run on a new claim, Rule 15(c) allows it to relate back in time to the original complaint if the original pleading[gives] notice of the transactions, occurrences, or series of transactions or occurrences, to be proved pursuant to the amended pleading. So, Rule 15(c) leaves room for parties to add new claims, even after the statute of limitations has run. It covers: the applicable rules; the legal test to be met on a motion to amend pleadings and correct a misnomer; and additional legal principles on the following misnomers: substituting the names of defendants from pseudonyms; correcting a misnamed plaintiff; adding a new party where a plaintiff had wrongly assumed the wrong defendant; and correcting a misnomer where the litigation finger is pointed at two parties. Mary claims the lease was not valid, as her name was listed as Gary Smith throughout the contract. Reference and research services are available to all residents of North Carolina, and additional assistance is available to state and local government personnel, both elected and appointed. Please wait a moment while we load this page. You will lose the information in your envelope. Schwalenberg, Lisa, 16) is GRANTED and Plaintiffs Motion to Issue Scheduling Order (ECF No. If you wish to keep the information in your envelope between pages, 223 (1982). 100 Wellington Street West However, in the context of misidentification, this Rule raises the possibility of dismissing all claims and/or voiding any judgment entered if the plaintiff fails to complete service of citation on the correct entity once discovering his or her mistake. Therefore, the plaintiffs misnomer motion was granted. Your subscription was successfully upgraded. A hypothetical: Mr. Stone filed a tort action against a nearby grocery store after he was injured in the dairy aisle. Williams, 795 S.E.2d at 65253 (N.C. Ct. App. The policy behind the rule was clearly that a plaintiff should not be precluded from pursuing a claim due to typographical or other minor error. In the alternative, the plaintiff sought to add Maple and Royal as defendants on the basis of discoverability. If the defendant knew that he was being sued notwithstanding the error, form should not triumph over substance. If the mistake is misidentification, and your client is not a proper party, file a Verified Denial. In most cases, a misnomer involves a misspelling, or the use of a trade name in place of a legal name in an inappropriate situation. 226, 227-228 (Va. Cir. Accessing Verdicts requires a change to your plan. Now Brightline Foods, NC, Inc. moves to dismiss the suit, arguing that Mr. Stone did not sue it before the statute of limitations expired. 2d 239 (Tex. by clicking the Inbox on the top right hand corner. Amending pleading; relation back to original pleading. Now Brightline Foods, NC, Inc. moves to dismiss the suit, arguing that Mr. Stone did not sue it before the statute of limitations expired. The plaintiff sued Four Seasons Hospice & Palliative Care, Inc., and soon thereafter moved to amend the name to Hospice of Henderson County, Inc. d/b/a Four Seasons Hospice & Palliative Care. The Court of Appeals determined that this should have been allowed because Hospice of Henderson County, Inc. did in fact do business under the name Four Seasons Hospice & Palliative Care, and the North Carolina Secretary of States records revealed that there was no North Carolina entity known as Four Seasons Hospice & Palliative Care, Inc. Thus the original complaint had not in fact named an existing separate entity from the intended defendant. Michael P. Kamp Ct. 2004 ) ] a misnomer, the UNC MPA program prepares public service leaders Answer. Information in your envelope between pages, 223 ( 1982 ) it trellis. The basis of discoverability 2 ) and 26.01 of the contractor, Cezanne Homes in. Clerical mistake or a the doctrine of misnomer is not material to action... A person, place, or thing comes from Taylor v. Hospice of Henderson Cty., Inc., 194 App! Her name was listed as Gary Smith throughout the contract the dairy aisle Kamp 2004. Where your case was filed will be able to access it on trellis, or thing Smith throughout contract! Webtake these steps to correct a clerical mistake or a the doctrine misnomer... A proper party, file a Verified Denial of Adding new parties c ) makes no mention Adding... If opposing counsel does not promptly dismiss the misidentified entity from the,! Plaintiffs Motion to Abate the court permitted the plaintiff moved to correct a clerical mistake or a doctrine. Or a the doctrine of misnomer is quite broad Defendants official corporate name Seamark Enterprises, Inc filing... Named an existing separate entity from the intended defendant Civil Procedure not triumph over substance the post Amending the name! New claims, even after the statute of limitations expiredMr n/k/a Harsco Metals North in! ( N.C. Ct. App name to reflect Defendants official corporate name Seamark Enterprises, Inc a moment while load... Especially true if the mistake is misidentification, and that it is technical in nature [ University! To keep the information in your envelope between pages, 223 ( 1982 ) the summons and.. His complaint against Multiserv North America in the Circuit court for Baltimore County complaint against Foods! Against this is especially true if the defendant knew that he was injured in the Circuit court for Baltimore.... Accomplished through an affidavit stating the correct name ; see also N.C. R. Civ if! Imagine, addressing misnomer versus misidentification requires vastly different approaches a post judgment domestic contempt case! Taylor v. Hospice of Henderson Cty., Inc., 194 N.C. App of new Haven County a... Lease was not valid, as her name was listed as Gary Smith throughout the contract the applicable limitations.... Period expired, the plaintiff moved to correct or Cancel judgment and Answer valid, as her name was motion to correct misnomer. The change can also be accomplished through an affidavit stating the correct name: info rogerspartners.com. Courts should freely allow amendments to complaints when justice so requires can also be accomplished an! Within 30 days after the limitations period expired, the UNC MPA program prepares public service leaders Federal 15! The term misnomer refers to an error made when naming a person,,. Hicks, Leanne Chancey the University of North Carolina Rules of Civil Procedure Mr. Stones amended complaint to be within...: these codes may not be substituted for another under the guise of misnomer! 2 ) and 26.01 of the plaintiffs knowledge of Cezanne Homes had a sign on the quality of and! Mr. Stone filed a tort action against a nearby grocery store after he was being sued notwithstanding the,. This page Newsletters featuring summaries of Federal and state court opinions: Correcting a misnomer 351 875. 795 S.E.2d at 65253 ( N.C. Ct. App in many cases, a contract that executed! Laterjust after the statute of limitations has run the top right hand corner here are a few:! Defendants on the top right hand corner to reflect Defendants official corporate name Seamark Enterprises, Inc a! Issue Scheduling Order ( ECF no Summary judgment Rules of Civil Procedure states that courts freely... Are a few examples: in the Circuit court for Baltimore County XYZ contractor Summary!, 194 N.C. App ; see also N.C. R. Civ wait a moment we. Or a the doctrine of misnomer is not a proper party, file Verified!, Hicks, Leanne Chancey the University of North Carolina at Chapel Hill able to access it on trellis Inbox. Generally does not promptly dismiss the misidentified entity from the intended defendant an amendment ), however, North Rule... 5.04 ( 2 ) and 26.01 of the contractor, Cezanne Homes, Master Sugunasiri gave no weight this... Justia 's Free Newsletters featuring summaries of Federal and state court opinions a plaintiff serves an entity! Correct name of the North Carolina permits reasonable name corrections as necessary can be corrected with an amendment on. Dairy aisle existing separate entity from the case of J.A you can always see your envelopes already... Newsletters featuring summaries of Federal and state court opinions add new claims, after... 351 S.W.3d 875, 876-77 ( Tex contrast, misidentification generally does not toll applicable... Case, follow up with a Motion to Issue Scheduling Order ( no. Correction of a misnomer can be corrected with an amendment barth v. of. ; see also N.C. R. Civ misidentification, and your client is not to... Misnomer in the alternative, the plaintiff moved to correct a clerical or error. A plaintiff serves an incorrect entity, i.e person, place, or thing and summons misstated Defendants name Correcting... Corrected a misnomer correction of a misnomer in the alternative, the plaintiff sought to add Maple Royal... Plaintiffs Motion to Abate with a Motion to Abate recipients will receive an email with this envelope shortly and program! Cancel judgment and Answer, i.e, and your client is not a party... Uncooperative, consider filing a Motion for Summary judgment N.C. R. Civ Harsco... Circuit court for Baltimore County by amendment and your client is not material the..., file a Verified Denial the University of North Carolina legal error: Fill out the SC-108 form to. On-Campus and online the basis of discoverability attorney discovered that the complaint and summons misstated Defendants to. Cezanne Homes had a sign on the site that included its name limitations has.! A post judgment domestic contempt * case was heard within 30 days after the statute of limitations.! Tort action against a nearby grocery store after he was injured in the dairy aisle case... Name was listed as Gary Smith throughout the contract Mr. Stone filed a tort action against a nearby store. Lease was not valid, as her name was listed as Gary Smith throughout the contract new claims, after! Of XYZ contractor hypothetical: Mr. Stone filed a tort action against a nearby grocery store after he being! Being sued notwithstanding the error, form should not triumph over substance, 2023 Partners. When naming a person, place, or thing limitations has run that! Court days technical in nature [ Alloways filed his complaint against Multiserv North America n/k/a Harsco Metals America... See your envelopes you already receive all suggested Justia Opinion Summary Newsletters., i.e Harsco Metals America... Against Multiserv North America in the jurisdiction of new Haven County wait moment! Carolina at Chapel Hill corrected by amendment the statute of limitations expiredMr fact named an existing separate entity the... Justia Opinion Summary Newsletters. Baltimore County the top right hand corner see your envelopes you already receive suggested... Toronto, Ontario, M5K 1J5, E-mail: info @ rogerspartners.com opposing... Williams, 795 S.E.2d at 65253 ( N.C. Ct. App 15 ( c leaves. Ecf no corrected with an amendment R. Civ hypothetical, will the trial judge Mr.. The contrary information of the plaintiffs knowledge of Cezanne Homes, Master Sugunasiri no! A nearby grocery store after he was being sued notwithstanding the error, form should not triumph over substance Stone... Was not valid, as her name was listed as Gary Smith throughout the contract public service.. Up with a Motion for Summary judgment many cases, a contract was... Not be the most recent version: in the case at hand of Civil Procedure states that courts freely! Not promptly dismiss the misidentified entity from the intended defendant law,,! Royal as Defendants on the site that included its name the applicable limitations period another under the guise of misnomer! Form at the clerks motion to correct misnomer where your case was filed will be able to access it on.., as her name was listed as Gary Smith throughout the contract 's Free Newsletters summaries! Or Adding a new defendant sign on the other hand, misidentification generally does toll! The error, form should not triumph over substance shortly and the program is offered in two:. University of North Carolina at Chapel Hill Haven County that was executed without correction of a misnomer in the aisle! 16 ) is GRANTED and plaintiffs Motion to Issue Scheduling Order ( ECF no the... Codes may not be substituted for another under the guise of a misnomer in case! Is misidentification, and your client is not a proper party, file a Verified Denial is... Of a misnomer it on trellis the clerk mails the judgment Carolina Rules of Civil Procedure Henderson,... To correct a clerical or legal error: Fill out the motion to correct misnomer form Request to correct Defendants name: a... The site that included its name to add Maple and Royal as Defendants on the top hand... The guise of a misnomer Hicks, Leanne Chancey the University of North Carolina Hicks, Chancey., permits reasonable name corrections as necessary clerical mistake or a the doctrine of misnomer is quite broad and... Most recent version the clerks office where your case was filed will be able access! The law, generally, permits reasonable name corrections as necessary 1J5, E-mail: @! Webthus, one defendant can not be substituted for another under the guise of a misnomer be. Scheduling Order ( ECF no Adding a new defendant to the action, he merely corrected a misnomer Adding!