Manlove v. McHatton

Citations

• 5 Scam. 95

Syllabus

<p>Error to Schuyler.</p> <p>X. Party to action — rule. It is a general rule that a suit must be brought in the name of him who has the legal interest. But this rule has its exceptions.</p> <p>2. Same — successor of officer. A suit may be maintained in the name of the successor of a school commissioner, upon a note made to the latter, under the act of February 26, 1841, authorizing suits in the name of the school commissioner; and so much of the declaration as contains the name of the person who is school commissioner, may be stricken out, or regarded as suplusage. (a) </p>