De Witt v. Perkins

This is a rule upon George II: Foster to show cause why an order should not be made in this action requiring him to pay the costs in this court upon the appeal, with the costs of this application, for the reason, as is alleged, that the said Foster became the assignee and owner of the judgment appealed from, after its rendition in the court below and prior to* the appeal to this court.- It is claimed that Foster is liable for the costs under section 50, chap. 133, R. S., which provides that, “in actions in which the cause of action shall, by assignment after the commencement of the action, or…