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Scouten v. Bender

6 Sarat. Ch. Sent. 39 Court N.Y. Ch. Decision date 1846-08-24 English

Contents

Majority

p. 39
Daniel Scouten v. Jacob Bender et al.
M. T. Reynolds and W. J. Hough, for appellants;
A. Tabee., for respondents.

Headnote

aignment'of113" ofbsuW mpen? dente lite.

Deci-

ded &at where the complainant or appellant assigns his interest subject matter of the suit, pendente lite, either ahsolutety or conditionally, and obtains a re-assignment thereof before any further proceedings are had in the cause, it is not necessary to bring the temporary assignee before the court by a bill in the nature of a bill of revivor. But the assignor in such a case, who has subsequently been restored to his former rights, may proceed in the same manner as if no such assignment had been made.

Motion to dismiss appeal denied with costs.