Kelly v. Carson Petroleum Co.

Respondent submits an affidavit of its attorney to the effect that he was under the impression that his client was doing business under a corporate name, and was not aware that the company had been duly incorporated. Kelly, the individual plaintiff in the action as originally entitled, submits a supporting affidavit to the same effect. The respondent justifies the order under section 192 of the Civil Practice Act, which provides: “New parties may be added or substituted * * * at any stage of the cause as the ends of justice may require.” The report of the joint legislative committee of 1919…