Faulkner v. Hendy
Faulkner v. Hendy
Opinion of the Court
In this case the plaintiff and appellant Steen moves to substitute an attorney in place of the attorney by whom he has hitherto appeared. The motion is resisted by a party claiming to be an assignee of Steen’s interest in the matter in controversy, who desires the substitution of a different attorney. Affidavits and counter-affidavits have been filed, and read presenting a variety of questions as to the nature, purposes, and effect of the alleged assignment. We cannot upon a
De Haven, J., Fitzgerald, J., and Garoutte, J., concurred.
Reference
- Full Case Name
- J. W. FAULKNER (E. T. STEEN, Substituted) v. JOSHUA HENDY
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Appeal— Substitution of Attobney— Contest between Pabty and Assignee. — Upon a motion in the supreme court for a substitution of attorneys for a party to an action, where the motion is resisted by one claiming to be an assignee of the party desiring the substitution, who seeks the substitution of a different attorney, but whose rights as assignee to make such substitution are contested, the court will not inquire into the question as to who is the real party in interest, but will allow the party to the record to.change his attorney, with leave to the party claiming to be his assignee to appear by his attorney and file briefs, and require that notice of all motions be served upon him.