Opinion
Gen. No. 42,279. (Abstract of Decision.)
Opinion filed February 10, 1944
PLEADING, § 228 — when pleadings not subject to amendment as to party defendant. Pleadings, in action for wrongful death, held not subject to amendment on plaintiff's motion or petition, more than one year after occurrence of fatal accident, by substitution, as defendant, of corporation which was entity, separate and distinct from corporation which originally was named as defendant, matter being one not of misnomer but rather one of mistaken identity (Ill. Rev. Stat. 1943, ch. 70, par. 2, ch. 110, pars. 145, 170; Jones Ill. State. Ann. 38.02, 104.021, 104.046).
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. WILLIAM J. LINDSAY, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the June term, 1942.
Joseph Barbera and Felix Silverstein, for appellant;
Miller, Gorham, Wescott Adams, for appellee;
Edward R. Adams and William Simon, of counsel.
Not to be published in full. Opinion filed February 10, 1944.