Assignment Of Cause Of Action Pakistani Urdu Thesis
The assignee has no right to insist on the action being carried on; in fact, the result of a compromise is actually included as a subject of the assignment." (At p. * * * Such an assignment does not give the assignee any right to interfere in the proceedings in the action. Consequently our statutes are all that remain of the outworn maintenance and champerty. This could not be assigned, either at common law or by the provisions of the Revised Statutes or Code. In the present condition of society we need not fear the same perversion of justice. "In the present case, the cause of action was an assault and battery upon the plaintiff by the defendant. "The fact that there was no fund then in existence, or any claim which could then be enforced by action, did not prevent the instrument taking effect as an equitable assignment." ( Jones v.
75.) To rule that I cannot assign the cause of action, but that I can transfer 100 per cent of its proceeds sounds anomalous. It was a device invented by the courts for the protection of attorneys against the knavery of their clients by disabling clients from receiving the fruits of the recoveries without paying for the valuable services by which the recoveries were obtained. If the fund recovered was in possession or under the control of the court, it would not allow the client to obtain it until he had paid his attorney, and in administering the fund it would see that the attorney was protected. It is a peculiar lien, to be enforced by peculiar methods. Repeated holdings set the judicial mind at rest on this point. In the past champerty and maintenance was a dreaded danger. ) As to the transfer of this cause of action itself, the language of the statute seems plain; the prohibition is positive and absolute and existed before the enactment of the statute. 549.) Was this assignment prohibited by public policy or statute? The issue of public policy causes the court no concern. of the Personal Property Law is a relic-like remnant of the laws of a social system that one is happy is long dead and buried.
I think the decision must wait on the answer to two propositions: (1) What rights, if any, did the plaintiff acquire by the paper signed by Mc Manus; (2) has this court the power to enforce such rights? 508, 518.) "There could be no legal assignment of a fund not in existence or proceeds not realized, but equity treats them as if existing or realized, and the contract for their receipt by Fairbanks as an equitable assignment of the stipulated share to him, and, as a consequence, makes him the equitable assignee of so much of the debt or demand as is represented by his share of the proceeds." (Italics mine.) ( Fairbanks v.