Vogt, Admr. v. Rush D. Hiller Co.

SHERICK, PJ.

The real and only question presented may be stated thus: Can an action be continued in the name of the original party plaintiff when it develops at trial that the plaintiff, between the time of commencement of the action and the date of trial, has been adjudicated a bankrupt and a trustee appointed, and an assignment of the claim made to a third party at some time during the period, when the third party has not been substituted as party plaintiff, or a conditional order made, or a supplemental petition filed?

Counsel for the defendant in error affirm the question, and advance as…