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6 Sarat. Ch. Sent. 39

Scouten v. Bender

New York Court of Chancery

Decided August 24, 1846

New York Court of Chancery · decided 1846-08-24

<p>aignment'of113" ofbsuW mpen? dente lite.</p>

Decided 1846-08-24

¶1Deci-

¶2ded &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.

¶3Motion to dismiss appeal denied with costs.

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