SCHAFFNER v. B. W. AUTO SALES CO

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Docket Number

Gen. No. 42,279. (Abstract of Decision.)

Attorney(S)

Joseph Barbera and Felix Silverstein, for appellant; Miller, Gorham, Wescott Adams, for appellee; Edward R. Adams and William Simon, of counsel.

Judges

Opinion by JUSTICE SCANLAN.

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Elizabeth Schaffner, Administratrix of Estate of Frank Schaffner, Deceased, Appellant, v. B. and W. Auto Sales Company et al., Defendants. B. and W. Auto Sales Company, Appellee.

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.

Opinion by JUSTICE SCANLAN.

Not to be published in full. Opinion filed February 10, 1944.

Elizabeth Schaffner, Administratrix of Estate of Frank Schaffner, Deceased, Appellant, v. B. and W. Auto Sales Company et al., Defendants. B. and W. Auto Sales Company, Appellee.

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