 In case of any transfer of Interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the Interest is transferred to be substituted In the action or joined with the original party.  Miscellaneous Reports. Cases Decided in the Courts of Record of the State of ... - Page 614by New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - 1906Full view - About this book
 | United States. Supreme Court - Courts - 1940 - 894 pages
...continued by or against his representative. (c) TRANSFER OF INTEREST. In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1954 - 1160 pages
...prohibited by law the Court may, upon motion, direct the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule. IV. DISCOVERY, CALLS,... | |
 | New York (State) - Law - 1876 - 398 pages
...does not abate by any event, if the cause of action Action; survives or continues. when not § 756. In case of a transfer of interest, or devolution of liability, the Proceedaction may be continued, by or against the original party ; unless the '?f£8"£°nf court directs... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...NS 104; nor does a cause of action for libel survive or continue. More v. Bennett, 65 Barb. § 756. In case of a transfer of interest, or devolution of...with the original party, as the case requires. Code Pro., § 121, third sentence. See Wait's Code, 143, 144; 1 Wuit's Pr. 158-161 ; Getty v. Spavlding,... | |
 | 1878 - 462 pages
...proceed wrvives or continues. transfer'or § 756. In case of a transfer of interest, or devoluation of liability, the ..',''."','•', •'.'.':, action...liability is devolved, to be substituted in the action, or M. ; wt,en joined with the original party, as the case requires. dS'c'andty § 757. In case of the... | |
 | 1879 - 456 pages
...does not abate by any event, if the cause of action Action ; survives or continues. to'abau?.' §756. In case of a transfer of interest, or devolution of liability, the Procee.iaction may be continued by or against the original party ; unless the i"fns"i'r0°f court directs... | |
 | New York (State) - 1879 - 436 pages
...does not abate by any event, if the cause of action Action ; survives or continues. to'abaw* § 756. In case of a transfer of interest, or devolution of liability, the Proceedaction may be continued by or against the original party ; unless the ££Jsfcr0oi court directs... | |
 | New York (State) - 1881 - 1532 pages
...Arthur v. Unswold, 16 Abb. N. S. 235 ; Itun. I : . Smith. 4 Hun, 4S; Mapes r . Snyder, 5!) NY 430. substituted in the action, or joined with the original party, as the case requires. Co. Proc.. } 121. the third sentence. Arnold t>. Keye«, 37 NY Supr. 135; People r. Oswego, etc.. 2... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - Law reports, digests, etc - 1883 - 772 pages
...against the original party, or the court may direct the person to whom the interest ia transferred to be substituted in the action, or joined with the original party," unless there is some action of the court, either in allowing the action to be continued in the name... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - Law reports, digests, etc - 1884 - 798 pages
...is not denied, and the sole question is whether it has so done. The Code provides ( § 756 ), that " in case of a transfer of interest, or devolution of...joined with the original party, as the case requires." Then follows a section providing that in case of the death of a sole plaintiff or sole defendant, if... | |
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