43 P. 380 | Or. | 1896
Opinion by
Many cases are to be found establishing the doctrine that the party for whose use the action is brought may be substituted for the nominal plaintiff, where the legal right of action is shown to be in the former. So, where a party sues in his own right, he may, if the facts warrant, amend his complaint so as to make the suit stand in a representative capacity; and conversely, if he sues in a representative capacity, he may be allowed to amend by declaring in his individual capacity; and in neither instance is it considered a substantial change of the cause of action: Price v. Wiley, 19 Texas, 142; Martel v. Somers, 26 Texas, 551; Wilson v. First Presbyterian Church, 56 Ga. 554; Harris v.
Affirmed.