Schmidt v. Cullen

*563OPINION

By THE COURT

The controlling statute is §11241 GC which, provides:

*564“An action must be prosecuted in the name oí the real party in interest s *

The language of the statute is conclusive that its requirement is mandatory and it has been so construed, Cox v Traction Co, 32 O.C.A. 187.

Is the plaintiff the real party in interest? At the inception of his action, upon the trial of the case and upon the record until the verdict, it clearly appears that he had an interest in the subject matter of the law suit, which he could assert against the defendant. The jury, by its verdict allowed him but…