HERNDON
v.
HOWARD

U.S. | 1869-12-01
9 Wall. 664 Supreme Court of the United States (1869) Caution
Also reported at: 19 L. Ed. 809 · 1869 U.S. LEXIS 1016 · SCDB 1869-121
Cited by 2 cases
Opinion of the Court
The CHIEF JUSTICE

The CHIEF JUSTICE delivered the opinion of the court.

The section of the Bankrupt Law relied on, we think, governs the' present case. It seems to require that Master-son, the assignee, be substituted as appellant for Herndon, the bankrupt, who may be said to be civiliter mortuus, precisely as an executor or administrator would be made party instead of an appellant actually deceased; and an order will be

Made accordingly.

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Citator

Cited By

  • Thatcher v. Rockwell, 105 U.S. 467 (U.S. 1881)
    …osecute or defend suits pending in the name of the bankrupt at the time of the bankruptcy, but there is nothing .which renders it necessary for him to make himself a party on the record to do what is thus allowed. What was said in Herndon v. Howard (9 Wall. 664) must be construed in .connection with the case then under consideration, which was an application by an assignee.to be substituted in this court for the original appellant, who had become bankrupt after the appeal was taken. The true rule is stated…

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