In case of any other transfer of interest, the action or proceeding may 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 of proceeding. Reports of Cases Determined in the Supreme Court of the Territory of Utah - Page 219by Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, William S. Dalton, Alonzo Blair Irvine, H. Arnold Rich, Harmel L. Pratt - 1903Full view - About this book
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1881 - 678 pages
...Of the transfer of the interest of plaintiff in an action, during the pendency of the suit, the same may be continued in the name of the original party, or the court may, by an order made on motion of plaintiff, allow the person to whom the transfer is made to be substituted... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1901 - 614 pages
...the provisions of Sec. 2920, R. 8. 1898, does not abate the action, but the same may be carried on in the name of the original party, or the court may allow substitution of the transferee, but until substitution has actually been made, a notice of appeal may... | |
| Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1878 - 772 pages
...against his 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,...transfer is made to be substituted in the action." Under these provisions of the statute, the Supreme Court of California has settled the construction... | |
| North Carolina, Albion W. Tourgée - 1878 - 484 pages
...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...transfer is made to be substituted in the action. A plaintiff who has recovered a judgment against an administrator can revive the same, after his death,... | |
| Ohio - 1878 - 1364 pages
...against his representative, or successor in interest. Upon any other transfer of interest, the action may be continued in the name of the original party,...person to whom the transfer is made to be substituted for him. [Civil Code, § 39, S. & C. 958.] SEC. 21. The court may determine any controversy between... | |
| 1893 - 1156 pages
...equities is expressly lThis section provides: "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 ¡я made to be substituted hi the action." saved by the Judgment. We think there was no error In the... | |
| 1893 - 1052 pages
...expressly •This section provide»: "In сазе 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 wbom the transfer U made to be substituted in the action." saved by the judgment. We think there was... | |
| California. District Courts of Appeal - 1909 - 908 pages
...course pursued also seems to be authorized by section 385, Code of Civil Procedure, providing that "In case of any other transfer of interest, the action...made to be substituted in the action or proceeding." If the defendants desired the substitution they should have made application therefor. [71 They certainly... | |
| 1928 - 1048 pages
...interest in such chose in action before or after suit brought, the action may be begun, prosecuted and continued in the name of the original party, or the court may allow the parson to whom the transfer or assignment of such interest has been made, upon his application therefor,... | |
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