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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 California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 16
by California, Henry Jacob Labatt - 1860 - 368 pages
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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 872 pages
...of a party, the court may allow the action to continue 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. *'n£C!bQ ' ^r-Sl 1. An execution or an order of sale once begun is not abated by the death of the...
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Digest of the Decisions of the Supreme Court of Iowa: From the ..., Volume 1

Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1874
...fraudulent, is not necessarily a bar to a subsequent action in the courts of the State by the sary. In case of any other transfer of interest, the action...the court may allow the person to whom the transfer or assignment is made to be substituted in the action, proper orders being made as to security for...
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Statutes of California and Digests of Measures

California - Session laws - 1874
...interest. In case of any other transfer of rntervention. Actions. 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. SEC. 44. Section three hundred and eighty-seven of said Code is amended to read as follows:...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 37

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - Law reports, digests, etc - 1874
...except such as may arise from the death, marriage, or other disability of a party, the action shall be continued in the name of the original party, or...transfer is made, to be substituted in the action. This' section leaves it optional with the transferee to be made a party or not. If he does not apply...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 36

Iowa. Supreme Court - Law reports, digests, etc - 1874
...abate by the transfer or assignment of any interest therein during its pendency. * * * In case of any transfer of interest, the action may be continued...original party, or the court may allow the person to whom Chickasaw County v. Pitcher. the transfer or assignment is made to be substituted in the action, proper...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 45

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 - Law reports, digests, etc - 1874
...and to substitute the assignee, should be overruled. Ptterman v. Ott, 224 9. Same. — In such case the action may be continued in the name of the original party, or the court may allow the assignee to be substituted in the action. Ib. 10. Striking out Pleading. — Evidence. —It is error...
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General Laws, Memorials and Resolutions of the Territory of Wyoming

Wyoming - Session laws - 1874
...hundred and fiftynine or six hundred and sixty-one of this code, as the case may be. In Ğase of any transfer of interest, the action may be continued in the name of the original party ; OP the court may allow the person to whom the interest is transferred to be substituted in the action...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 47

California. Supreme Court - Law reports, digests, etc - 1874
...sixteenth section of the Practice Act provides that in case of a transfer of interest pending a suit, the action may be continued in the name of the original party ; this section applies as to actions of ejectment as to others. By the Court, NILES, J. ; This was...
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The American Law Register, Volume 14

Law - 1875
...thereon in his own behalf without the name of the assignor." Section 42 provides that '* in case of transfer of interest, the action may be continued...transfer is made to be substituted in the action." An action of this kind can be maintained by the assignee, unless the lien is strictly personal, so...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 12

William A. Shinn - Bankruptcy - 1875
...prescribed by statute, when certain causes of action are transferred pendente lite. " The action shall be continued in the name of the original party, or...transfer is made to be substituted in the action." RS, Ch. 135, Section 1. (Tay. Stats. 1572, Section 1.) It is argued by the learned counsel for the...
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