Nebraska Reports Volume 12

Nebraska Reports Volume 12

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...the person in whom the title vested was alone to be ascertained, the suit might be continued by bill of revivor merely; so also, if a suit abated by the marriage of a female plaintifi, and no act was done toafiect the rights of the party but the marriage, no title could be disputed; the person of the husband was the sole fact to be ascertained, and therefore the suit might be continued in this case likewise, by bill of revivor merely. If, however, upon the abatement happening, the interest of the party did not vest in any representative which the law gives or ascertains, as in the case of bankruptcy or insolvency, or of a devisee of real estate, the suit could not be continued by bill of revivor, but must, where the abatement was caused by the bankruptcy or insolvency of a defendant be continued by supplemental bill. So, where the suit abated by the bankruptcy or insolvency of a sole plaintiff, his assignees could not continue the suit by bill of revivor, but must do so by original bill, in the nature of a supplemental bill. So also, in a suit relating to land, where a plaintifi died, having devised the land which was the subject of the litigation, the suit could not be continued on the part of the devisee by a simple bill of revivor." 2 Daniels Chancery Pl. and Pr., (4 Am. Ed., ) 1507-8. Title 13 of the code provides a summary remedy-for reviving actions by a conditional order of the court, if. made in term time, or by a judge if in vacation. This order, in case of a joint action, is not against a part of the defendants. That is, if the action is against A., B., C. and D., it must be, in form at least, against all, and not merely a part. If the discharge of one, jointly bound, will discharge all, what would be the effect more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • United States
  • English
  • black & white illustrations
  • 1236812743
  • 9781236812742