§ 5/4-136 Substitution of parties

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article IV > Part 1 : 5/4-136 Substitution

§ 4-136. Substitution of parties.

     The provisions in regard to joinder, nonjoinder or misjoinder of parties applicable to other civil cases, shall be applicable to attachment proceedings; and when any action has been commenced in the name of the wrong party as plaintiff, the court, if satisfied that it has been so commenced through mistake, and that it is necessary for the determination of the real matter in dispute so to do, may allow any other party or parties to be substituted.

    No change of parties made, or any other amendment made by order of court, shall impair any previous attachment of the  estate of any defendant remaining in the action, nor impair any recognizance or bond given by any party remaining either as against the defendant, defendants, his, hers, its, or their sureties. No sureties shall be released by reason of any amendment made by order of court.