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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. "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Page 80
by New York (State), Member of the New-York Bar - 1851 - 394 pages
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Henry Nichols Blake, Montana. Supreme Court, Cornelius Hedges (Reporter), Horace Riverside Buck (Reporter), Fletcher Maddox (Reporter) - Law reports, digests, etc - 1873 - 760 pages
...Section 16 of our Civil Code provides, that in case of a transfer of interest in an action, it may be continued in the name of the original party, or...person to whom the transfer is made to be substituted. This authorized the court to allow or direct an execution to issue in favor of the assignee McGregor,...
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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 - 670 pages
...transfer of interest 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...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 for substitution,...
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Statutes of California and Digests of Measures

California - Session laws - 1874 - 524 pages
...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, or...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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The Code of Civil Procedure of the State of Ohio: With the Subsequent ...

Ohio, George E. Seney - Civil procedure - 1874 - 896 pages
...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. *'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 - 616 pages
...action in the courts of the State by the sary. In case of any other transfer of interest, the action may be continued in the name of the original party, or...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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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 36

Iowa. Supreme Court - Law reports, digests, etc - 1874 - 776 pages
...any interest therein during its pendency. * * * In case of any transfer of interest, the action may be continued in the name of the 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 - 678 pages
...plaintiff, and to substitute the assignee, should be overruled. SAME. — In such case the actiun may be continued in the name of the original party, or the court may allow the assignee to be substituted in the action, From the Ripley Common Pleas. 5. B. Jones, y. W. Gordon,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 34

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 764 pages
...analogous to that prescribed by statute, where certain causes of action are transferred pendenle lite. " The action shall be continued in the name of the original...transfer is made to be substituted in the action." R. S., ch. 135, sec. 1. (Tay. Stats., 1572, § 1). IL It is argued by the learned counsel for the defendant,...
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The National Bankruptcy Register Reports: Containing All the ..., Volume 12

William A. Shinn - Bankruptcy - 1875 - 624 pages
...analogous to that prescribed by statute, when certain causes of action are transferred pendente lite. " The action shall be continued in the name of the original...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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The American Law Register, Volume 14; Volume 23

Electronic journals - 1875 - 842 pages
...name of the assignor." Section 42 provides that '* in case of 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." An action of this kind can be maintained by the assignee, unless the lien is strictly personal, so...
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