Scouten v. Bender

New York Court of Chancery

Scouten v. Bender

6 Sarat. Ch. Sent. 39, 1846 N.Y. LEXIS 283

DecidedAugust 24, 1846

StatusPublished

This text of 6 Sarat. Ch. Sent. 39 (Scouten v. Bender) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scouten v. Bender, 6 Sarat. Ch. Sent. 39, 1846 N.Y. LEXIS 283 (N.Y. 1846).

Pincite

Opinion

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.

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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.

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Bluebook (online)

6 Sarat. Ch. Sent. 39, 1846 N.Y. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scouten-v-bender-nychanct-1846.