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Pomeroy's Lessee v. the State Bank of Indiana

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eBook details

  • Title: Pomeroy's Lessee v. the State Bank of Indiana
  • Author : United States Supreme Court
  • Release Date : January 01, 1863
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

In support of this motion, he argued: The dissolution of the bank by expiration of its charter leaves no defendant; and the writ must abate. Angell and Ames1 state it as text law that 'upon the dissolution of a corporation in any mode,' 'all suits pending for or against it, abate.' They cite, in support of this statement, various cases2 which sustain the position. Lindell v. Benton,3 referred to in the note by them, as announcing a contrary doctrine, merely decides that the dissolution of a corporation after an attachment against it has been sued out, and its debtor garnished, will not operate to deprive the attachment plaintiff of a vested right in the money in the hands of the garnishee to satisfy his debt. In this case the bank itself expires in 1859. Banking powers may exist indefinitely for the purpose of closing up business. But the capacity to defend a suit is not a banking power. The expression has reference to the renewal of notes, &c., the payment of outstanding bank bills and the like. The writ of error here is an original writ, issuing, in effect, out of this court, to bring up the record of a cause that alleged errors may be examined, and the judgment affirmed or reversed as the law may require.4 The parties in the inferior court, or their heirs or representatives, must be parties here, and to that end must be duly cited. It is true, that an attorney cannot withdraw his name from a cause, after final judgment, so as to avoid the service of the citation. But the death of his client revokes his authority to appear, and the service of a citation upon him thereafter is a nullity.


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