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" In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the... "
The Pacific Reporter - Σελίδα 227
1904
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Τόμος 3

Morris March Estee - 1885 - 880 σελίδες
...the New York code, which, provides that in ease of "any other" transfer of interest the action shall be continued in the name of the original party, or...transfer is made to be substituted in the action, contemplates a transfer other than by death — contemplates an existing, pending action, and the substitution...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 30

California. Supreme Court - 1906 - 834 σελίδες
...the Court — Sawyer, 3. Court, on motion, may allow the action to be con tinned by or against bis representative or successor in interest. In case of...transfer is made to be substituted in the action." This section, taken in connection with section four, requiring every action to be prosecuted in the name...

Annotated Ohio Code of Civil Procedure

Ohio, William Henry Whittaker - 1887 - 688 σελίδες
...representative, or successor in interest; and upon any other transfer of interest, the action may be continucd in the name of the original party, or the court may...person to whom the transfer is made to be substituted for him. [51 v. 57, § 39 ; S. & Q 958.] ? 5013. When proper parties are not all before the court....

The Revised Statutues of the State of Indiana: Constitutions. Codes. Wills

Indiana - 1888 - 1024 σελίδες
...representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party; or...transfer is made to be substituted in the action. (21.) I. If a defendant die during the pendency of a personal action, after service of process, it...

Reports of Cases Decided in the Supreme Court of the State of ..., Τόμος 37

South Dakota. Supreme Court - 1917 - 804 σελίδες
...any other transfer of interest, the action shall ba continued in the name of the original party, 6r the court may allow the person to whom the transfer is made to be substituted in the action." Does that section authorize the substitution of a party as plaintiff who is only an assignee for security?...

California Laws of Interest to Women and Children, 1917

California - 1918 - 292 σελίδες
...representative or successor in interest. In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party,...the transfer is made to be substituted in the action or proceeding. [Amended, Code Amdts. 1873-74, p. 295.] Summons, how served. § 411. The summons must...

Cases Determined in the Supreme Court of Washington, Τόμος 101

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1918 - 824 σελίδες
...Statutes, does not abate the action, but the same may be carried on in the name of the original pftrty, or the court may allow the person to whom the transfer is made to be substituted in the action. It does not appear that the appellants had actual notice of the assignment and no substitution of parties...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμοι 83-84

Oklahoma. Supreme Court, Edward Bell Green, Frank Dale, John Henry Burford, Robert Lee Williams, Matthew John Kane, Howard J. Parker, Charles Winfield Van Eaton - 1922 - 702 σελίδες
...quiet title. Section 4695 of the statutes (Rev. Laws 1910) provides as follows : 'In ease of any «rner transfer of interest, the action may be continued...transfer Is made to be substituted in the action' "It appears that this statute is controlling iu the case at bar, and the plaintiff presented on authority...

A Treatise on Pleading and Practice in Courts of Record in Civil ..., Τόμος 1

Arthur B. Honnold - 1922 - 894 σελίδες
...12 Okl. 333, 71 P. 655. On a transfer of real estate pending a litigation in connection therewith, the action may be continued in the name of the original...to whom the transfer is made to be substituted in his place. Gillett v. Romig, 87 P. 325, 17 Okl. 324. "8 Hudson v. Barratt, 61 P. 737, 62 Kan. 137....

United States Supreme Court Reports, Τόμος 66;Τόμοι 257-259

United States. Supreme Court - 1923 - 1412 σελίδες
...allow the action to be continued by or against his representative or successor in interest; and that in case of any other transfer of interest the action...transfer is made to be substituted in the action. [For other cases, see Parties, IV. In Digest Sup. Ct. 1908.] Parties — substitution — successor...




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