Walker v. Felt

Citations

• 54 Cal. 386

Syllabus

<p>Practice—Transfer of Interest—Attorney.—Where the plaintiff transfers his interest in the subject-matter of the action, it is the right of his successor in interest (under § 385 of the Code of Civil Procedure) to prosecute the case, either in the name of the original plaintiff, or by having himself substituted in the action by an order of the Court; and the original plaintiff is divested of all power to control the action. Held, accordingly—where the plaintiff had transferred his interest to others, whose attorneys thenceforth took charge of the case, but without any change of the title of the action, or of the attorney of record—that a stipulation signed by the original plaintiff and his attorney, for the dismissal-of the action, was a flagrant breach of good faith, and that an order of dismissal entered upon such stipulation should have been promptly vacated on discovering the fraud.</p>