Morrison Waite,
Winchester v. Heiskell — Opinion of the Court
“ We held that, as the suit of Townsend v. Jones was pending when Townsend filed his petition in bankruptcy, and when he made his assignment to Winchester, the assignee, Winchester, as such assignee, had the right to appear in that suit and have the amount due Heiskell, Scott, and Heiskell determined. It may be that, according to the practice in Tennessee, if he had not appeared, Heiskell, Scott, and Heiskell would have been compelled to bring a new suit to have the amount of their lien ascertained ”
