Stevens v. Shaw
Supreme Judicial Court of Maine
On exceptions. Bill in equity' inserted in a writ. The defendant made a motion in writing that Nathaniel Dustin, assignee of Robert W. Gilmore, one of the plaintiffs, have his name and place of residence indorsed on the writ in this action.
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On exceptions. Bill in equity' inserted in a writ. The defendant made a motion in writing that Nathaniel Dustin, assignee of Robert W. Gilmore, one of the plaintiffs, have his name and place of residence indorsed on the writ in this action. The exceptions were to the ruling of the court in overruling that motion. cited: McGee v. McCann, 69 Maine, 82. cited : R. S., c. 81, § 6, and c. 82, § 128 ; Staphs v. Wellington, 62 Maine, 9 ; Simpson v. Bibber, 59 Maine, 196 ; 2 Story’s Eq. § 1040; Bice v. Stone, 1 xlllen, 569 ; Ware v. Bucksport & Bangor B. B. Co. 69 Maine, 97.
1Opinion of the CourtPeters, C. J.
We regard the ruling as correct. We do not see that the statutory provision, which requires an assignee to indorse his name on a writ or process, was intended for bills in equity. R. ,S., c. 82, §§ 128, 129. There would be an incongruity in it. The statute requires judgment for costs to go against the assignee and the assignor jointly, if the other side prevails. But whether costs shall be awarded or not in a case in equity, is for the court to determine, as a matter in its discretion. An assignee can be included as a party in a bill in equity when he could not be in an action at law. There…
2Cited by6 opinions
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- Bean v. Central Maine Power Co.Supreme Judicial Court of Maine · 1934
- Munsey v. GrovesSupreme Judicial Court of Maine · 1955
- Burt Co. v. Burrowes CorporationSupreme Judicial Court of Maine · 1962
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