CHANCERY RULE 125. Adopted March 9, 1893. Whenever the complainant in a chancery suit, wherein the right is under existing rules of law and equity assignable, shall have transferred his interest in the subject-matter of the litigation, either voluntarily or by process of law, the suit shall not thereby be abated, but the transferee may present his petition to the court in which said suit is pending, setting up the fact of such transfer, and asking to be substituted as complainant in said suit. The facts, if they do not appear from the records of the court, shall be verified by the affidavit of the party or of some other person. If at the hearing it appear to the court that such transfer has been made, an order shall be made substituting the transferee as complainant in said suit, and said suit shall continue for the benefit of said transferee as though no transfer had been made. A copy of the petition and affidavits, with the usual notice of presenting the same, shall be served on the defendant or his solicitor; and in making such order the court may, in its discretion, require the transferee to file security for costs. CIRCUIT COURT RULE 9. As amended March 9, 1893. In case of service by mail, such service may be made by putting the notice or papers into the post-office, with postage prepaid, directed to the attorney or party at his place of residence, to be ascertained according to the best information and belief of the person making such service. And in such case the time of service must be increased one day for every one hundred miles' distance between the place of deposit and the place of address. |