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4 Sarat. Ch. Sent. 47

Hathaway v. Scott

Saratoga Chancery Court

Decided August 27, 1844

Saratoga Chancery Court · decided 1844-08-27

<p>miss^bll}forwauS-páT”fecsessa'y</p> <p>Objection that assignee oi' complainant is not a party-how t0 be raised.</p> <p>Petitions need counseU°necl b?</p> <p>But signature nesessary.</p>

Decided 1844-08-27

¶1.Decided that it is only where a suit has been properly commenced against the defendant, and the complainant afterwards parts with his interest, either wholly or in part, that the defendant has the right to apply to the court to dismiss the bill unless the assignee is brought before the court within a specified time, by a supplemental bill in the nature of a bill of revivor, and that such right does not exist where the interest of the com . . . .... plamant is assigned before:the commencement of the suit.— mi ■ , . . Inat in such a case the objection that the assignee is a ne-eessary party should be raised by plea or answer.

¶2That petitions in a cause, (except petitions of appeal and for a rehearing) need not be signed by counsel.

¶3But that petition bills, answers, and affidavits must, in all cases, be signed by the party who verifies them.

¶4Petition dismissed, with $10, costs.

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