Heath v. Martin

The opinion of the court was delivered by

Robb, J.:

This is an appeal in a damage^ action from the trial court’s order sustaining plaintiff’s motion by adding and substituting defendant, doing business as the Rosedale Cab Company, in place of and instead of the Rosedale Cab Company, a corporation.

On June 23, 1958, plaintiff filed her petition alleging that the Rosedale Cab Company was a corporation duly organized and existing under and by virtue of the laws of the state of Kansas and on the same date summons was issued to the Rosedale Cab Company. The summons was returned on June 27, 1958,…