Hathaway v. Scott
New York Court of Chancery
This was a petition by E. C. Scott, one of the defendants, for an order requiring the assignee of the judgment upon which the complainant’s bill was founded, to file a supplemental bill in the nature of a bill of revivor, within such time as should be prescribed by the court, or that the bill in this cause be dismissed with costs.
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This was a petition by E. C. Scott, one of the defendants, for an order requiring the assignee of the judgment upon which the complainant’s bill was founded, to file a supplemental bill in the nature of a bill of revivor, within such time as should be prescribed by the court, or that the bill in this cause be dismissed with costs. Thé petitioner stated that the complainant had informed him that subsequent to the. filing of the bill in this cause, which was a judgment creditor’s bill, he, the complainant, had sold his interest in the judgment upon which this suit is founded, to J. J. Monell,…
1Opinion of the Court
The Chancellor.
The petitioner has entirely mistaken his remedy in this case, if he is right in supposing that there has been such an assignment of the judgment, upon which this suit is founded, as to make it proper to prosecute the suit in the name of the as-signee. For it appears that the interest of Gray in the judgment, whatever it was, had been acquired before the commencement of this suit, against the petitioner, by the service of a subpoena up-on him. The petitioner should therefore have raised the objection, that Gray was a necessary party, either by plea or anSwer. It is only when the…
2Cited by9 opinions
- People Ex Rel. Kenyon v. . SutherlandNew York Court of Appeals · 1880
- Turpin v. Eagle Creek & Little White Lick Gravel Road Co.Indiana Supreme Court · 1874
- Cowie v. MeansSupreme Court of Colorado · 1906
- Norton v. HaugeSupreme Court of Minnesota · 1891
- Mosher v. HeydrickNew York Supreme Court · 1865
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