Scouten v. Bender

Court: New York Court of Chancery
Date filed: 1846-08-24
Citations: 6 Sarat. Ch. Sent. 39, 1846 N.Y. LEXIS 283
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Lead Opinion

Deci-

ded &at where the complainant or appellant assigns his interest subject matter of the suit, pendente lite, either ahsolutety or conditionally, and obtains a re-assignment thereof before any further proceedings are had in the cause, it is not necessary to bring the temporary assignee before the court by a bill in the nature of a bill of revivor. But the assignor in such a case, who has subsequently been restored to his former rights, may proceed in the same manner as if no such assignment had been made.

Motion to dismiss appeal denied with costs.

Scouten v. Bender - Case Law