
    A. M. Stratton v. Taylor and Richardson.
    Amendment : chanse op parties. — An amendment to a complaint, by adding new parties as nominal plaintiffs, is authorized by the 13th section of the new-Pleading Act of 1850, which expressly allows amendments by striking out or adding the name of any party to a pleading.
    
      In error from the Circuit Court of Rankin County. Hon. John E. M‘Nair, judge.
    
      T. M‘ Gcowcm, for plaintiff in error,
    Contended, that the amendment could not relate back to the commencement of the suit, and cure the want of a right of action in the plaintiff at that time. That the legal title must be in the plaintiff when the action is brought, and it is not sufficient if it be so at tbe time of tbe trial. 6 Birm. R. 454; 5 Harr. & J. 16 4; 5 Watts & Serg. 427; B How. Miss. R. 888; 11 S. & M. 452.
    
      D. Mayes, on same side.
    
      Creo. L. Potter, for defendants in error,
    Cited 4 S. & M. 352, and tbe new Pleading Act of 1850, § 13, and contended that tbe amendment was fully authorized by that statute.
   Fisher, J.,

delivered tbe opinion of tbe court.

This action was commenced by Wright, Davenport & Co., as indorsees of a promissory note, made by Stratton, payable to Taylor & Richardson. Finding that they were mistaken as to tbe indorsement of the note, an amended complaint was filed, making Taylor & Richardson, tbe nominal plaintiffs, and Wrigbt, Davenport & Co., tbe usees. It is insisted that this amendment could not be made under tbe Pleading Act of 1850.

Tbe 13th section of that act gives tbe court full power to make amendments, either by adding or striking out tbe name of any party to a pleading. Tbe amendment in this instance was fully authorized by this section.

Judgment affirmed.  