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
Copy Citations
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.