 | Nathan Howard (Jr.) - 1852 - 576 σελίδες
...shall abate by the transfer of any interest therein;" and secondly, that in case of such transfer, " the action shall be continued in the name of the original...allow the person to whom the transfer is made, to be substi uted in the action. It is optional, therefore, with the court to allow or not, the retirement... | |
 | Henry Whittaker - 1852 - 900 σελίδες
...representative or successor in interest. In case of any other transfer of interest, the action shall be contined in the name of the original party ; or the court may...transfer is made, to be substituted in the action. vivor and supplement under the old chancery practice. The works on that subject should therefore be... | |
 | Nathan Howard (Jr.) - 1852 - 546 σελίδες
...be continued in the name of the original party. This is imperative and allows no change: but it adds the court may allow the person to whom the transfer is made, to be substituted. This last is permissive only, and gives a discretion to tiie court which is intended to be exercised... | |
 | 1852 - 446 σελίδες
...is a new action or suit. Where the cause of action is transferred pending the suit, the action may be continued in the name of the original party, or the court may allow the assignee to be substituted in his place. (Code, § 121.) For the purposes of this proceeding, the action... | |
 | Wisconsin - 1853 - 810 σελίδες
...supplemental complaint, may allow the action to be continued by or against his re presentative or successor iu interest. In case of any other transfer of interest,...transfer is made, to be substituted in the action. Court wheu to SEC. 26. The court may determine any controversy v'ra^or'to'o0- Detween the parties before... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 σελίδες
...representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party ; or...transfer is made to be substituted in the action. SEC. 17. The court may determine any controversy between parties ^™^J^J before it, when it can be... | |
 | Jesse B. Hart - 1853 - 334 σελίδες
...matter of the action by one or all of the defendants, after the action is commenced, the action is to be continued in the name of the original party, or the court will substitute the assignee, and in case of the death or other disability of the defendant or defendants,... | |
 | New York (State) - 1855 - 802 σελίδες
...other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of death, marriage, or other...transfer is made, to be substituted in the action. а. This section ie identical with section 101 , in the code of 1848 ; and under that code it was held... | |
 | Wisconsin - 1856 - 334 σελίδες
...disability of a party, procedure in the court, on motion at any time within one year tberesuch case. after or afterwards, on a supplemental complaint, may allow...name of the original party, or the court may allow tha person to whom the transfer is made, to be substituted in the action. Court when to SEO. 26. The... | |
 | New York (State) - 1857 - 912 σελίδες
...ofae): disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In case of death, marriage, or other...transfer is made to be substituted in the action. After a verdict shall be rendered in any action for a wrong, such action shall not abate by the death... | |
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In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the transfer is made to be substituted in the action. 
