Martin v. Imhsen,
Annotate this Case
62 U.S. 394 (1858)
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U.S. Supreme Court
Martin v. Imhsen, 62 U.S. 21 How. 394 394 (1858)
Martin v. Imhsen
62 U.S. (21 How.) 394
In Pennsylvania, where a transfer of certain accounts was made, the assignee had only an equitable interest, and could not sue in his own name. But when the suit was brought in Louisiana, where there is no distinction between a legal and equitable title, he could maintain the suit in his own name, and the assignment was good evidence.
An exception taken to the refusal of a judge to sign a bill of exceptions, under the circumstances of this case, requires no further notice.
The ruling of the court below, viz., that prescription was interrupted by a litigation which was pending between the parties shortly before the present suit was instituted, was, under the circumstances of the case, correct.
The case is explained in the opinion of the Court.