 | Oliver Lorenzo Barbour, New York (State). Supreme Court - 1858 - 718 σελίδες
...continued against the personal representatives, on motion, or by supplemental complaint. (Code, § 121.) In case of any other transfer of interest, the action...to whom the transfer is made to be substituted in this action. This means, of course, on the application of such person. (Code, § 121.) Before the code,... | |
 | California, Henry Jacob Labatt - 1858 - 586 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. , 1. The provisions of Sees. 16 and 17 sustained in Jirooks v. linger, 5 Cal., 281. 2. A suit abates... | |
 | Nebraska - 1859 - 464 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. if controversy § 39. The court may determine any controversy between CHTI net be do- parties before... | |
 | Nathan Howard (Jr.) - 1860 - 608 σελίδες
...court, on motion, at any time within one year thereafter, or. afterward, on a supplemental complaint, may allow the action to be continued by or against...the court may allow the person to whom the transfer i* made to be substituted in the action. This section, by the amendment of the Code, was made applicable... | |
 | Nathan Howard (Jr.) - 1860 - 692 σελίδες
...Farge, 16 How., 377.) Nor can Mr. Shepard come in under the clause of section 121, which provides that in case of any other transfer of interest, the action...transfer is made to be substituted in the action. This clause contemplates a transfer other than by death ; contemplates an existing pending action, and the... | |
 | California - 1860 - 388 σελίδες
...representative or suecessor 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. 1. The provisions of sections 16 and 17 sustained. Brooks v. Bager, 5 Cal. 281. 2. A suit abates by... | |
 | James De Fremery - 1860 - 118 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." § 115. The court has power by its judgment to direct a sale of the property or any part of it, the... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1862 - 754 σελίδες
...within one year, or on supplemental complaint afterward, may allow the action to be continued," &c. " In case of any other transfer of interest, the action...transfer is made, to be substituted in the action." Code, § 21. This case comes within the latter branch of the above provision, and in such cases, no... | |
 | North Dakota - 1862 - 640 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. SECT. 37. The court may determine any controversy be- te^°n^ ™£ne" tween parties before it, when... | |
 | Nathan Howard (Jr.) - 1862 - 612 σελίδες
...which says: "In case of any other transfer of interest, the action SHALL be continued in the NAMK uj the original party; or, the court may allow the person...transfer is made, to be substituted in the action." This section relates to abatement of actions exclusively, and the two sentences quoted would seem to be... | |
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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. 
