Welch v. Mandeville
Supreme Court of the United States
; Error to the circuit court for the district of Columbia for Alexandria county. This was an action oT covenant brought in the name of Welch (for‘ the use of Prior) against Mandeville and Jamieson. The spit; abated as to Jamieson, by a return of no inhabitant. The defendant, Mandeville, filed two. pleas.
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; Error to the circuit court for the district of Columbia for Alexandria county. This was an action oT covenant brought in the name of Welch (for‘ the use of Prior) against Mandeville and Jamieson. The spit; abated as to Jamieson, by a return of no inhabitant. The defendant, Mandeville, filed two. pleas. The second plea, upon which the question in this court arises, states, that, on the 5th of July, 1806, James Welch impleaded Mandeville and Jamie,son, in the circuit court of the district of Columbia, for the county of Alexandria, in an action of covenant, in which suit such proceedings were…
1Opinion of the Court
Story, J.,
delivered, the opinion of the court.
The question upori these pleadings comes to this, whether a nominal plaintiff, suing for the benefit of his assignee, can, by a dismissal of. the suit under a collusive agreement with the defendant, create a valid bar against any subsequent suit for the same c & . ■ cause oí action.
Courts of law, following in.this respect the rules of equity, now take notice of assignments of choses in action, and exert themselves to afford them every support and protection not inconsistent with the established principles and modes of proceeding which govern'…
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