Opinion
Gen. No. 42,481. (Abstract of Decision.)
Opinion filed April 26, 1944
PARTIES, § 6.1 — when pleadings insufficient to show right to bring representative action. An allegation that a suit is brought in a representative capacity is not sufficient to bring those not actually named as parties before the court, but pleadings must show that plaintiff and those whom he seeks to represent have a common interest, in order that a multiplicity of suits may be avoided.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. PETER H. SCHWABA, Judge, presiding.
Reversed and remanded with directions. Heard in the third division, first district, this court at the October term, 1942.
Shulman, Shulman Abrams, and Schwartzberg Barnett, for appellant; Meyer Abrams, of counsel;
Jerome J. Sladkey, for certain appellee; George P. Novak, for certain other appellees.
Not to be published in full. Opinion filed April 26, 1944.