Webster v. Hitchcock
Michigan Supreme Court
Appeal from Ionia Circuit in Chancery. The bill of complaint set forth: That on November 19, 1860, Hernán C. Palmer filed his bill against the defendants to foreclose a mortgage given by them: that defendants appeared, and no further proceedings were had prior to December 29, 1860, when said Palmer died, and Phebe A. Palmer was, in February following, appointed administratrix on his estate: that an order was made by said Court July 24, 1861, substituting said administratrix…
Read the full summary
Appeal from Ionia Circuit in Chancery. The bill of complaint set forth: That on November 19, 1860, Hernán C. Palmer filed his bill against the defendants to foreclose a mortgage given by them: that defendants appeared, and no further proceedings were had prior to December 29, 1860, when said Palmer died, and Phebe A. Palmer was, in February following, appointed administratrix on his estate: that an order was made by said Court July 24, 1861, substituting said administratrix as complain, ant in the case, with leave to amend the bill by substituting her name as such, and she afterwards, in…
1Opinion of the Court
Christiancy J.:
So far as the bill seeks to revive the original cause of Hernán C. Palmer, against the defendants, which had become abated by his death, it was- entirely unnecessary. The order of July-24th, 1861, substituting the administratrix as complainant, of itself, operated as a revivor: and no actual *58amendment was necessary to give it that effect. But by the assignment of all her interest to the present complainant after the suit was so revived, the assignee became a necessary party complainant, and the suit could no longer be prosecuted in her name after the assignment should be…
2Cases cited1 opinion
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
3Cited by15 opinions
- Perkins v. PerkinsMichigan Supreme Court · 1867
- Cyrowski v. WojcikMichigan Supreme Court · 1937
- Moore v. RiceTexas Supreme Court · 1879
- Standard Elevator Co. v. Crane Elevator Co.Court of Appeals for the Seventh Circuit · 1896
- Church & Church, Inc. v. A-1 CarpentryMichigan Court of Appeals · 2008
10 more not listed; retrieve them via the Exa API.