 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...supplemental complaint, 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 shall be continued in the name of the original party ; or the court may allow the person to whom the... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...transfer of any interest therein;" and secondly, that in case of such transfer, " the action shall be continued in the name of the original party; or,...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... | |
 | Civil procedure - 1852 - 446 pages
...remedy it provides 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... | |
 | Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...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... | |
 | Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...supplemental complaint, 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 is to bo continued in the name of the original party, or the court may allow the person to whom the... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...supplemental complaint, 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 shall be contined in the name of the original party ; or the court may allow the person to whom the... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...supplemental complaint, 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 shall be continued in the name of the original party ; or the court may allow the person to whom the... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...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,...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... | |
 | Wisconsin - Session laws - 1853 - 810 pages
...presentative or successor iu 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. Court wheu to SEC. 26. The court may determine any controversy v'ra^or'to'o0- Detween the parties before... | |
 | Jesse B. Hart - Civil procedure - 1853 - 334 pages
...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,... | |
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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... 
