Louisville, Evansville & St. Louis Consolidated R. R. v. Surwald

Citations

• 147 Ill. 194
• 35 N.E. 476

Syllabus

<p>1. Practice—successor of a corporation—becoming party defendant. If the interest of a defendant corporation in a suit, pending the litigation, passes to a successor, and the latter desires to become a party defendant, it should disclose that fact to the court in the appropriate-way, and then an order may be entered making it a party.</p> <p>2. The mere suggestion that since the commencement of the suit the defendant has become merged in another corporation, is not sufficient to make the latter a party, so as to entitle it to take an appeal from the final order or decree in the case.</p> <p>3. Appeal—who may prosecute. The right to an appeal is purely statutory, and there is no statute that authorizes an appeal by a person, not a party to the suit.</p>