 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1917 - 824 pages
...judgment becomes material. * * * For any other purpose it is not evidence against a stranger, * * * but when a person is responsible over to another, either...the pendency of the suit and requested to take upon him the defense of it, he is no longer regarded as a 1916] BURKE v. MARYLAND CASUALTY Co. 181 stranger,... | |
 | Melville Madison Bigelow - 1872 - 732 pages
...suits, the result of which may affect them, is thus stated liy Bell, J., iu Littleton v. Richardson:2 " When a person is responsible over to another, either...requested to take upon himself the defence of it, he is n0 longer regarded as a stranger, because he has the right to appear and defend the action, and has... | |
 | Iowa. Supreme Court - 1877 - 776 pages
...on Estoppel, 75.) The party sought to be held liable for a judgment against another must have been duly notified of the pendency of the suit, and requested to take upon himself the defense of it. (Littleton v. Richardson, 34 NH, 179; Boston v. Worthington, 10 Gray, 496.) Actual notice... | |
 | 1922 - 1152 pages
...Faxon. The admission oí this judgment roll is now assigned as error. [1] It is well settled that, where a person is responsible over to another, either by...and he is duly notified of the pendency of the suit against the person to whom he is liable over, and full opportunity is afforded him to defend the action,... | |
 | 1891 - 1138 pages
...the doctrine rests is expressed by Mr. Justice BELL In Littleton v. Richardson, supra, as folio we: " When a person Is responsible over to another, either...of the suit, and requested to take upon himself the defense of it, he la no longer regarded as a stranger, because he has the right to appear and defend... | |
 | 1886 - 898 pages
...are decisive. In Littleton v. Richardson, 34 NH 187 [66 Am. Dec. 759], Bell, J., thus states the law: "When a person is responsible over to another, either...the pendency of the suit, and requested to take upon him the defense of it, he is no longer regarded as a stranger, because he has the right to appear and... | |
 | 1921 - 956 pages
...(Mass.) 496, 71 Am. Dec. 67S; Blasdale v. Babcock, 1 Johns. (N. Y.) 517. Quoting our own Judge Kent : "When a person is responsible over to another, either...operation of law or by express contract, and he is notified of the pendency of the suit, and requested to take upon himself the de'fense, he is not afterwards... | |
 | 1918 - 1238 pages
...obligations of an indemnitor in a suit brought against his indemnitee have been stated as follows: "When a person is responsible over to another, either by operation of law or by express contract, and notice has been given him of the pendency of the suit, and he has been requested to take upon himself... | |
 | 1887 - 924 pages
...that judgment was rendered, and had an opportunity to defend it. The rule seems to be established that when a person is responsible over to another, either by operation of law or by express contract, and notice has been given him of the pendency of the suit, and he has been requested to take upon himself... | |
| |
... the defense of it, he is no longer regarded as a stranger, because he has the right to appear and defend the action, and has the same means and advantages of controverting the claim as if he was the real and nominal party upon the record. 
