Majority
p. 993Ellen Bourke, an Infant, by Mary J. Bourke, Her Guardian ad Litem, Appellant, v. Mary T. Bourke and Another, Respondents.
The complaint was dismissed on the ground that it did not state facts sufficient to constitute a cause of action. The defect in the complaint was that the cause of action alleged belonged to the personal representatives of Thomas A. Bourke, deceased, and not to this plaintiff. An administrator for the. purpose of this action may be appointed under section 2589 of the Code of Civil Procedure. Judgment unanimously affirmed, with costs. Present— Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ.