Michael v. Jordan

Mb. Presiding Justice Fulton

delivered the opinion of the court.

This was a suit in assumpsit instituted in the circuit court of Christian county on October 8, 1928, by the plaintiff in error against the town of Mt. Auburn as defendant. Subsequently, on January 7,1932, a motion was made for leave to substitute the highway commissioner of Mt. Auburn towmship as party defendant and to dismiss the town of Mt. Auburn. Thereafter, on April 30, 1932, the present defendant in error, Orlo Jordan, as highway commissioner of said township, was upon motion substituted as the defendant in the suit.…