People ex rel. Herbert v. McKinley

(after stating the facts). We have examined this record and find no reversible error. We shall not, however, take up and discuss each of *114the assignments of error as we are clearly of the opinion that an action of replevin can not be maintained in the name of the people of the State of Michigan for the use of the party bringing the action, and that the trial judge should have directed a verdict for the defendant at the close of the case. The mandate of the legislature is (3 Comp. Laws 1915, § 12353):

“Every action shall be prosecuted in the name of the real party in interest.” *' * *

Plaintiff…