United States ex rel. Lewers & Cooke, Ltd. v. Burrell Construction Co.

The intervention was by Robert Dalziel, Jr. The motion is that Robert Dalziel, Jr. Company, a corporation, be substituted in the place of Robert Dalziel, Jr., wherever the latter name appears in the complaint.

The general rule supported by the weight of authority is that “an amendment which chang’es a party to a suit cannot be made.” Little v. Water Go., 9 Nev. 317, 320; Leaird v. Moore, 27 Ala. 326; Bassett v. Fish, 75 N. Y. 303; Milk Pan Co. v. Remington, 89 N. T. 22; Emerson v. Wilson, 11 Vt. 357; Steiner Bros. v. Stewart, 33 So. 343. The Hawaiian Supreme Court, in Lum Sung v. Luning, 13…