Sec. 52-109. Substituted plaintiff.
Sec. 52-109. Substituted plaintiff. When any action has been commenced in the
name of the wrong person as plaintiff, the court may, if satisfied that it was so commenced
through mistake, and that it is necessary for the determination of the real matter in dispute
so to do, allow any other person to be substituted or added as plaintiff.
(1949 Rev., S. 7831.)
One who has no right or interest cannot be substituted as plaintiff. 63 C. 460, 472. Substitution is not the commencement
or institution of another suit. Id., 477. Cited. 65 C. 115. Cited. 72 C. 261. Where conservator brings action in his own name,
and ward dies, his administrator may enter. 91 C. 680. See notes to sections 52-107, 52-108. Cited. 179 C. 246.
Cited. 1 CA 99. Cited. 25 CA 751. Cited. 31 CA 80; Id., 476. Cited. 33 CA 365.
Cited. 18 CS 446. To determine the real matter in dispute, substitution of plaintiff must be allowed. 49 CS 542.