§ 11. Misnomer of party not available. Where an action, authorized
by a law of the state, is brought against one or more persons, as
stockholders of a joint-stock association, an objection to any of the
proceedings cannot be taken, by a person properly made a defendant in
the action, on the ground that the plaintiff has joined with him, as a
defendant in the action, a person, whose name appears on the stock-books
of the association, as a stockholder thereof, by the name so appearing;
but who is misnamed, or dead, or is not liable for any cause. In such a
case, the court may, at any time before final judgment, upon motion of
either party, amend the pleadings and other papers, without prejudice to
the previous proceedings, by substituting the true name of the person
intended, or by striking out the name of the person who is dead, or not
liable, and, in a proper case, inserting the name of his representative
or successor.