Farrington

This is an appeal by Evert L. Hagan from an order denying his motion that he be substituted as petitioner in the place of Charles M. Farrington in a mandamus proceeding.

The record discloses that on March 10, 1959, a judgment was entered in which it was ordered that the respondent Fairfield permit Farrington “to examine and make abstracts from the stock register, minutes of proceedings of the directors and shareholders and books of account of Benedict Heights, Incorporated, in person or by his attorney or agent, ’ ’ such inspection to be had at a designated time and place. A peremptory writ of mandamus was issued pursuant to the judgment. Thereafter, the appellant Hagan made his motion for an order substituting him as petitioner in the place of Farrington “upon the ground that on December 9, 1959, Charles M. Farrington assigned the cause of action in the above matter to Evert L. Hagan.” To the declaration of Hagan filed in support of his motion was attached a copy of the assignment upon which he relied, the body of which was as follows:

On February 19, 1960, the court denied the appellant’s motion. In the minutes, the basis of that ruling is stated as follows: “The assignment of…