Cole v. Boyd’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “... since the assignment was made after the suit was instituted, Pa.R.Civ.P. 2004 and not Rule 2002 (as relied upon by the trial court and the litigants) is controlling as to the party-plaintiff. The Mac-Kenzie Co. v. Fidelity & Deposit Co. of Md., et al., 54 Dauphin Cty. Rptrs. 294, 298 (1943). Rule 2004 reads: If a plaintiff has commenced an action in his own name and thereafter transfers his interest therein, in whole or in part, the action may continue in the name of the original plaintiff, or upon petition of the original plaintiff or of the transferee or of any other party in interest in the action, the court may direct the transferee to be substituted as plaintiff or joined with the original plaintiff. The language of Rule 2004 is clear in not requiring that, once a transfer of an interest occurs by a plaintiff after an action has commenced, a transferee be named as a co-plaintiff or substituted as plaintiff. Birdsboro Corp. v. Weng, 426 Pa.Super. 301 [303-05], 626 A.2d 1216, 1217 (1993)(Substitution of parties, once suit has been commenced “is permissible, it is not essential [under Rule 2004].”); The MacKenzie Co., supra; 3 P.L.E. Assignments, § 92 at 206-207 (“Under this rule [2004], it is not mandatory for the assignee to be substituted as plaintiff or joined as co-plaintiff, and the fact that the plaintiff and assignee choose to continue the action in the name of the original plaintiff cannot be construed as a fraud upon the court, nor does it render the proceedin”

   1 later decision quote this exact passage
   e.g. Cole v. Price