Cox v. Detroit United Railway

On Reheaeing.

Claek, J.

This case is reported in 234 Mich. 597. There was reversal because of the exclusion of evidence offered to show that plaintiff was not the real party in interest, it being held here that such evidence was admissible without notice under the plea of the general issue. Plaintiff sought rehearing, contending that he was the real party in interest, and that there had been in fact no assignment of his right of action, and he prayed that this court order the evidence relative to the claimed assignment to be taken in this court agreeable to section 12034, 3 Comp. Laws 1915.…