Holland v. Seaver
Superior Court of New Hampshire
Moti'on eor, costs, against the assignee of the defendant, Seaver, who was declared a bankrupt after the commencement and entry of this action. The action was entered at the April term, 1843; and at the April term, 1844, Thomas M. Edwards, Esq., upon leave of the court, entered his name upon the docket in behalf of the assignee, and made the defence of the action from that time in the name of Seaver •— the entry upon the docket being “ Edwards, for the assignee.”
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Moti'on eor, costs, against the assignee of the defendant, Seaver, who was declared a bankrupt after the commencement and entry of this action. The action was entered at the April term, 1843; and at the April term, 1844, Thomas M. Edwards, Esq., upon leave of the court, entered his name upon the docket in behalf of the assignee, and made the defence of the action from that time in the name of Seaver •— the entry upon the docket being “ Edwards, for the assignee.” At a subsequent term of the court, judgment was rendered against said Seaver, and execution ordered to issue against the goods and…
1Opinion of the CourtEastman, J.
Upon the facts presented in this case, if the collection of costs can be enforced in any way against the assignee, it must be done either by the entering up of judgment and the issuing of execution against him, or by the summary process of attachment upon an order made for the payment of the costs, and a disobedience to that order.
The assignee is not a party to the original suit, nor does he subsequently become a party to the record in such a manner that judgment can be entered up against him. We have no provision of statute or practice in our courts by which that can be done. Administrators…
2Cases cited1 opinion
- Buckman v. BuckmanSuperior Court of New Hampshire · 1828