State v. Boston & Maine Railroad
Supreme Court of New Hampshire
Indictment, upon Gen. St., c. 264, s. 14, for negligently killing O. H. J., whose sole heir is his mother, A. M. It is the same case reported 58 N. H. 408. A. M. made an assignment in writing to C. of all her interest in the action. The assignment was absolute upon its face, but was really intended for the security of her counsel for their services and disbursements, the understanding being that the excess should belong to the assignor.
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Indictment, upon Gen. St., c. 264, s. 14, for negligently killing O. H. J., whose sole heir is his mother, A. M. It is the same case reported 58 N. H. 408. A. M. made an assignment in writing to C. of all her interest in the action. The assignment was absolute upon its face, but was really intended for the security of her counsel for their services and disbursements, the understanding being that the excess should belong to the assignor. Notice of the assignment having been given by the assignee to the defendants, they moved “ to dismiss the action for want of a proper party in court to…
1Opinion of the CourtFoster, J.
By Gen. St., c. 264, s. 14, it is declared that upon conviction for the offence therein named the proprietors of the railroad shall be fined ; and the fine, in the circumstances of the case at bar, “ shall go ” to the heirs of the party whose life has been lost. Judgment follows the determination of the issues of fact and law, as a matter of course. Steph. Pl. 127, 128; 3 Bouv. Inst. 526. An assignment of Mrs. M.’s interest in the action cannot avail to hinder, delay, or control the judgment against the defendants, which must follow the event of the suit in the manner prescribed by law.…
2Cited by1 opinion
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