West Virginia Code

CHAPTER 56. PLEADING AND PRACTICE.

ARTICLE 4. RULES AND PLEADING.

§56-4-29. Plea in abatement -- Misnomer; amendment inserting correct name.

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.

Previous§56-4-28. Continuance and costs after amendment.

§56-4-29. Plea in abatement -- Misnomer; amendment inserting correct name.

Next§56-4-30. Same -- Plea in abatement for defects in writ or return; variance from declaration; void process.

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CHAPTER 56. PLEADING AND PRACTICE.

§56-4-29. Plea in abatement -- Misnomer; amendment inserting correct name.

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