Peale v. Phipps,
Annotate this Case
49 U.S. 256 (1850)
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U.S. Supreme Court
Peale v. Phipps, 49 U.S. 8 How. 256 256 (1850)
Peale v. Phipps
49 U.S. (8 How.) 256
An error in a citation, calling Mary Rice the wife of Charles Bowers, whereas she was the wife of Charles Rice, is not fatal in a case coming from Louisiana. The practice there is for the husband to assent when the wife brings a suit, so that his name is merely a matter of form.
Nor is it a fatal error when the citation was issued at the instance of E. Peale as plaintiff in error, instead of Elijah Peale, Trustee of the Agricultural Bank of Mississippi.
The acceptance of the service of the citation by the attorney for the parties shows that the error led to no misapprehension.