¶1I concur in the opinion with one exception: Since the words “or under whose title the action is prosecuted,” which appear in the paraphrase of section 318 of the Code of Civil Procedure, are not a part of said section and are not necessary to a decision of this action, they should be deleted. I am averse to the interpolation of language in a statutory rule where, as here, the statute is self-sufficient.
¶2A petition for a rehearing was denied March 18, 1946.