Opinion
Gen. No. 43,703. (Abstract of Decision.)
Opinion filed June 26, 1947 Released for publication July 8, 1947
REPLEVIN, § 53 — impropriety of adding party plaintiff to suit. Where statement of claim in replevin suit alleged that plaintiff was lawfully entitled to possession of certain goods by reason of assignment, and it was shown that plaintiff was stenographer working in office of attorney who represented both plaintiff and assignor, and defendant's motion to strike statement of claim was sustained, whereupon plaintiff filed amended statement of claim which purported to be joint complaint of plaintiff and assigner, which also was striken on motion of defendant on ground that assigner had no standing as party plaintiff, held that plaintiff could recover only on strength of her right to immediate possession, and that to permit her to interject into suit assigner as additional party plaintiff would, in effect, permit her to plead right of possession of property in third person.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Municipal Court of Chicago; the Hon. JOHN GUTKNECHT, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the April term, 1946.
Adolph A. Rubinson and Alster, Berger Wald, for appellants;
Louis N. Grossman and Lester N. Grossman, for appellee.
Not to be published in full. Opinion filed June 26, 1947; released for publication July 8, 1947.