SUMMONS AND SEVERANCE 684 SUNDAY SUMMONS AND SEVERANCE. 245. Many statutes except those who obSee SEVERANCE. SUMMUM JUS (Lat.). Extreme right, strict right. See MAXIMS, Summum jus, etc. SUMPTUARY LAWS. Laws relating to the expenses of the people, and made to restrain excess in apparel, food, furniture, etc. They originated in the view that luxury is, in some of its degrees, opposed to public policy, and that the state is bound to interfere against it. Montesquieu, Esprit des Lois, b. 7, c. 2, 4, and Tacitus, Ann. b. 2, ch. 33, b. 3, ch. 52. serve the seventh day; others do not; and such legislation is constitutional; 52 Penn. 126; 69 N. Y. 557; 122 Mass. 40. Cases of of the work; 34 Penn. 409. necessity are determined by the moral fitness everything which proceeds from a sense of Charity includes moral duty, or a feeling of kindness and humanity, and is intended wholly for the comfort and relief of another, and not for one's own pleasure and benefit; 118 Mass. 197. Necessity may arise out of particular occupations; 23 How. 219; 14 Wall. 494; but not when it is a work of mere convenience or profit; 97 Mass. 404; 30 Ind. 476. Running street railways on Sunday is illegal; 54 Penn. In England, in 1336, it was enacted, 10 Edw. III. c. 3, that inasmuch as many mischiefs had happened to the people of the realm by excessive and costly meats, by which, among other things, many who aspired in this respect beyond their means were impoverished and unable to aid them-401; contra, 26 Alb. L. J. 56 (N. Y. Ct. of selves or their liege lord in time of need, all men App.); 72 N. Y. 196; 14 Reptr. 364 (Ky. were forbidden to have served more than two Ct. of App.); and see 55 Ga. 126. When courses at a meal, each of but two sorts of vict- statutes forbid travelling on Sunday, there can ual, except on the principal feasts of the year, be no recovery for injuries from defective and then only three courses were allowed. Black- streets; 117 Mass. 64; 51 Me. 423; 47 Vt. stone states that this is still unrepealed. 4 Com. 170. Subsequent statutes-that of 1363, and those 32; but see 39 Wisc. 21; unless the party was of 1463 and 1482-regulated the dress, and to some travelling from motives of necessity or charity; extent the diet, of the people, with careful re- 121 Mass. 301; or walking for exercise; 65 gard to their rank. The substance of these stat- Me. 34. But in actions for torts against inutes will be found in Knight's History of Eng- dividuals or common carriers, it is no defence land, vol. 2, pp. 272-274. They were repealed that the injury occurred upon Sunday; 26 by 1 Jac. I. c. 25. Penn. 342; 48 Iowa, 652; contra, 124 Mass. 387. In modern times legislation is not resorted to in respect to this object; but the subject is frequently discussed in connection with the laws for the prevention or punishment of intemperance, which is so direct and fruitful a source of crime. SUNDAY. The first day of the week. In some of the New England states it begins at sunset on Saturday, and ends at the same time the next day. But in other parts of the United States it generally commences at twelve o'clock on the night between Saturday and Sunday, and ends in twenty-four hours thereafter; 6 Gill & J. 268. See, on this point, 4 Strobh. 493 (a very learned case); 37 Mo. 466; 39 Me. 193; 3 Cush. 137. The Sabbath, the Lord's day, and Sunday, all mean the same thing; 6 Gill & J. 268. See 6 Watts, 231. The stat. 5 and 6 Edw. V. c. 3 (1552), enacted that Sunday should be strictly observed as a holy day, provided that in case of necessity it should be lawful to labor, ride, fish, or work at any kind of work. The Book of Sports (1618) declared that, after divine service, the people should not be disturbed from any lawful recreation. The stat. 29 Car. II. c. 7, provided that no tradesman, artificer, workman, laborer, or other person whatsoever, should exercise any worldly business, etc., upon the Lord's day, works of necessity and charity alone excepted. It also forbade the execution of legal process on that day. This has been followed substantially in America, with a tendency to greater strictness. This includes all business, public or private, done in the ordinary calling of the person; 5 B. & C. 406; ordinary calling means that which the ordinary duties of the calling bring into continued action; 7 B. & C. 596; 55 Ga. Except as to judicial acts, which are void when done on Sunday; 1 W. Black. 526; see DIES NON; the common law makes no distinction between Sunday and any other day. The English cases decided after the act of Charles II., supra, merely avoided contracts made in pursuance of one's ordinary calling; see 1 Taunt. 131; 1 Cr. & J. 180; 31 Barb. 41; 44 id. 618; 4 M. & W. 270; but in most of the states contracts made on Sunday are invalid; see 35 Me. 143; 19 Vt. 358; 6 Watts, 231; 3 Wisc. 343. In New York any business but judicial may be done on Sunday; 44 Barb. 618. Generally speaking executory contracts made on Sunday will not be enforced, while executed contracts will not be disturbed; 78 Penn. 473; 105 Mass. 399; 57 Ga. 179; but see 2 Ohio St. 388; 13 Kans. 529, as to executory contracts; delivery on Sunday passes title against the vendor; 26 Cal. 514; 13 Ind. 203; but see 12 Mich. 378; a church subscription on Sunday is valid in Pennsyl vania, 12 Reptr. 665; and Michigan, 21 Alb. L. J. 293; see 62 Ind. 365. A contract dated on Sunday may be shown to be erroneously dated; 97 Mass. 166; and it may be shown that a contract bearing a secular date was actually dated on Sunday; 48 Me. 198; but not against a bona fide holder without notice; 48 Iowa, 228. When a contract takes effect on delivery, the date is not material; 6 Bush, 185; 43 Iowa, 297; and a note executed on Sunday but delivered on another day is valid; 24 Vt. 189; 35 Me. 143; a contract made on Sunday may be ratified; 7 Gray, 164; 24 Vt. 317; but see 11 Ala. 885; a will executed on SUPER ALTUM MARE Sunday is valid; 9 Allen, 118; 1 Am. L. Rev. 750 (N. H.). A contract for an advertisement in a Sunday paper is invalid; 24 N. Y. 353; contra, 52 Mo. 474. Laws requiring all persons to refrain from their ordinary callings on Sunday have been held not to encroach on the religious liberty of the people; Cooley, Const. Lim. 734; they may be sustained as police regulations; 8 Penn. 3124 33 Mich. 279; 40 Ala. 725. 685 No one is bound to do work in performance of his contract on Sunday, unless the work by its very nature or by express agreement is to be done on that day and can be then done without a breach of law; 18 Conn. 181; 6 Johns. 326; 10 Ohio, 426; 7 Blackf. 479. Sundays are computed in the time allowed for the performance of an act; 10 M. & W. 331; but if the last day happen to be a Sunday, it is to be excluded, and the act must, in general, be performed on Monday; 3 Penn. R. 201; 3 Chitty, Pr. 110. Notes and bills, when they fall due on Sunday, are payable on Saturday. See, as to the origin of keeping Sunday as a holiday, Neale, F. & F.; Story, Pr. Notes, § 220; Story, Bills, § 233; Pars. Notes & Bills. See, generally, 17 Am. L. Reg. N. s. 285; 3 Rep. Am. Bar Association (1880); 2 Am. L. Rev. 226; 44 Barb. 618; 21 Alb. L. J. 424 (Sabbath breaking); 28 Am. L. Reg. 137, 209, 273; 32 Am. Rep. 557; 30 id. 417; 17 id. 122 (legality of labor on Sunday); 3 id. 371, n.; 4 Strobh. 493; 54 Penn. 401; 19 Vt. 358; 3 Cr. L. Mag. 632 (Sabbath-breaking; works of necessity). The Massachusetts law on this subject depends more on its peculiar legislation and customs than any general principles of justice or law; 23 How. 209. As to execution of legal process on Sunday, see DIES NON. SUPER ALTUM MARE (Lat.). the high sea. See HIGH SEAS. Upon SUPER VISUM CORPORIS (Lat.). Upon view of the body. When an inquest is held over a body found dead, it must be super visum corporis. See CORONER; INQUEST. SUPERCARGO. In Maritime Law. A person specially employed by the owner of a cargo to take charge of and sell to the best advantage merchandise which has been shipped, and to purchase returning cargoes and to receive freight, as he may be authorized. Supercargoes have complete control over the cargo and every thing which immediately concerns it, unless their authority is either expressly or impliedly restrained; 12 East, 381. Under certain circumstances they are responsible for the cargo; 4 Mass. 115; see 1 Gill & J. 1; but the supercargo has no power to interfere with the government of the ship; 3 Pardessus, n. 646. SUPERFICIARIUS (Lat.). In Civil Law. He who has built upon the soil of another, which he has hired for a number of years or forever, yielding a yearly rent. This SUPERONERATIO is not very different from the owner of a lot on ground-rent in Pennsylvania. Dig. 43. 18. 1. SUPERFICIES (Lat.). In Civil Law. Whatever has been erected on the soil. SUPERFŒTATION. of a second embryo during the gestation of the The conception first, or the conception of a child by a woman time of such pregnancy. already pregnant with another, during the established by numerous cases; 1 Beck, Med. This doctrine, though doubted, seems to be Medical Repository; 1 Briand, Méd. Lég. Jur. 193; Cassan, Superfotation; New York prem. partie, c. 3, art. 4; 1 Foderé, Méd. Leg. § 299; Buffon, Hist. Nat. de l'Homme, Puberté. SUPERINSTITUTION. The institu tion of one upon another, as where two persons are admitted and are instituted to the same benefice, under adverse titles. Cowel. SUPERIOR. One who has a right to command; one who holds a superior rank: as, a soldier is bound to obey his superior. In estates, some are superior to others: an estate entitled to a servitude or easement over another estate is called the superior or dominant, and the other the inferior or servient estate. 1 Bouvier, Inst. n. 1612. SUPERIOR COURT. A term applied collectively to the three courts of common law at Westminster: namely, the king's bench, the common pleas, the exchequer; and so in Ireland. It denotes a court of intermediate jurisdiction between the courts of inferior or limited jurisdiction and the courts of last resort. In American Law. A court of intermediate jurisdiction between the inferior courts and those of last resort. Such courts exist in Connecticut, Delaware, Georgia, Massachusetts, and North Carolina, exercising a jurisdiction throughout the entire state. In Delaware it is the court of last resort; and in some of the states there is a superior court for cities. SUPER-JURARE. A term anciently used, when a criminal, who tried to excuse himself by his own oath or that of one or two witnesses, was convicted by the oaths of many more witnesses. Moz. & W. SUPERNUMERARII (Lat.). In Roman Law. Those advocates who were not statuti, which title see. The statuti were inscribed in the matriculation books, and formed a part of the college of advocates in each jurisdiction. The supernumeraries were not attached to any bar in particular, and could reside where they pleased: they took curred in that body. the place, of advocates by title as vacancies oc nerare). Surcharging a common: i. e. putSUPERONERATIO (L. Lat. supero ting in beasts of a number or kind other than the right of common allows. It can only be of a common appendant or appurtenant. Bracton, 229, and Fleta, lib. 4, c. 23, § 4, give two remedies, novel disseisin and writ SUPERSEDEAS of admeasurement, by which latter remedy no damages are recovered till the second offence, Now, distraining, trespass, and case are used as remedies. 3 Sharsw. Bla. Com. 238*. SUPERSEDEAS (Lat. that you set aside). In Practice. The name of a writ containing a command to stay the proceedings at law. 686 It is granted on good cause shown that the party ought not to proceed; Fitzh. N. B. 236. There are some writs which, though they do not bear this name, have the effect to supersede the proceedings: namely, a writ of error when bail is entered operates as a supersedeas; and a writ of certiorari to remove the proceedings of an inferior into a superior court has, in general, the same effect; 8 Mod. 373; 6 Binn. 461. But, under special circumstances, the certiorari has not the effect to stay the proceedings, particularly where summary proceedings, as to obtain possession under the landlord and tenant law, are given by statute; 6 Binn. 460. See Bacon, Abr.; Comyns, Dig.; Yelv. 6, n. SUPERSTITIOUS USE. In English Law. When lands, tenements, rents, goods, or chattels are given, secured, or appointed for and toward the maintenance of a priest or chaplain to say mass; for the maintenance of a priest or other man to pray for the soul of any dead man in such a church or elsewhere; to have and maintain perpetual obits, lamps, torches, etc. to be used at certain times to help to save the souls of men out of purgatory; in such cases the king, by force of several statutes, is authorized to direct and appoint all such uses to such purposes as are truly charitable; Bacon, Abr. Charitable Uses and Mortmain (D); Duke, Char. Uses, 105; 6 Ves. 567; 4 Co 104. In the United States, where all religious opinions are free and the right to exercise them is secured to the people, a bequest to support a Catholic priest, and perhaps certain other uses in England, would not be considered as superstitious uses; 1 Penn. 49; 8 Penn. 327; 17 S. & R. 378; 1 Wash. C. C. 224. Yet many of the superstitious uses of the English law would fail to be considered as charities, and would undoubtedly come under the prohibition against perpetuities. See CHARITIES; CHARITABLE USES; 1 Jar. Wills, eh. ix. In England, there are three classes of persons who have been held obnoxious to the law against superstitious uses: 1. Roman Catholics. 2. Protestant dissenters. 3. Jews. Their various disabilities have been almost wholly removed, and Catholics and Jews have been put on the same footing as Protestant dissenters in reference to their schools and places of religious worship; a bequest, however, for masses for deceased persons is held to be superstitious in England, but not in Ireland; Moz. & W. SUPERVISORS OF ELECTION An officer whose duty it is to take care of the highways. The chief officer of a town or organized township in the states of Michigan, Illinois, Wisconsin, and Iowa. He has various duties assigned him by the statutes as a town officer, and likewise represents his town in the general assembly, or county board of supervisors. See BOARD OF SUPERVISORS. SUPERVISORS OF ELECTION. Persons appointed and commissioned by the judge of the circuit court of the United States in cities or towns of over 20,000 inhabitants upon the written application of two citizens, or in any county or parish of any congressional district upon that of ten citizens, to attend at all times and places fixed for the registration of voters for representatives and delegates in congress, and supervise the registry and mark the list of voters in such manner as will in their judgment detect and expose the improper removal or addition of any name. Supervisors of elections are further required to attend at all times and places for holding elections of representatives and delegates in congress and for counting the votes cast at such elections; to challenge any vote offered by any person whose legal qualifications are in doubt; to remain at the polling places during the progress of the voting, to scrutinize the manner in which it is done, and the way in which the poll-books, registry lists and tables are kept, whether the same are required by any law of the United States, or of any state, territorial, or municipal law. They are required also personally to scrutinize, count, and canvass each ballot cast, and to forward such returns to the chief supervisor of the judicial district as he may require. It is the duty of the United States marshal and his deputies to support and protect supervisors in the discharge of their duties by making arrests as the circumstances may require, either with or without process, and in the absence of the deputies the supervisors may make arrests on their own authority. They Two supervisors are appointed for each election district or voting precinct. must be of different political parties, and be able to read and write the English language. In the event of the absence or inability of the circuit judge, he may designate a district judge to appoint supervisors of election; R. S. §§ 2011-2031. In case a question arises in respect to what political organization should be recognized by the court in appointing supervisors, the rule is that the body which was recognized by the last state convention of the party is entitled to be considered as its representative organization; subject, however, to modification by change of circumstances; 9 Fed. Rep. 14. The legislation of congress in vesting the appointment of supervisors in the courts is constitutional, and in the exercise of its supervis sur-ory power over elections for senators and representatives, new duties may be imposed SUPPLEMENTAL by congress on the officers of election and new penalties for breach of duty; 100 U. S. 371, 399. See ELECTION. SUPPLEMENTAL. That which is added to a thing to complete it; as, a supplemental affidavit, which is an additional aflidavit to make out a case; a supplemental answer, a supplemental bill. Practice. 687 SUPPLEMENTAL BILL. In Equity A bill brought as an addition to an original bill to supply some defect in its original frame or structure which cannot be supplied by amendment. See 1 Paige, Ch. 200; 15 Miss. 456; 22 Barb. 161; 14 Ala. N. S. 147; 18 id. 771. It may be brought by a plaintiff or defendant; Atk. 533; 2 Ball & B. 140; 1 Stor. 218; and as well after as before a decree; 3 Md. Ch. Dec. 306; 1 Macn. & G. 405; Story, Eq. Pl. § 338; but must be within a reasonable time; 2 Halst. Ch. 465. It may be filed when a necessary party has been omitted; 6 Madd. 369; 4 Johns. Ch. 605; to introduce a party who has acquired rights subsequent to the filing of the original bill; 3 Iowa, 472; when, after the parties are at issue and witnesses have been examined, some point not already made seems to be necessary, or some additional discovery is found requisite; 3 Atk. 110; 1 Paige, Ch. 200; Coop. Eq. Pl. 73; when new events referring to and supporting the rights and interests already mentioned have occurred subsequently to the filing of the bill; Story, Eq. Pl. 336; 5 Beav. 253; 2 Md. Ch. Dec. 289; for the statement only of facts and circumstances material and beneficial to the merits, and not merely matters of evidence; 3 Stor. 299; when, after a decision has been made on the original bill, it becomes necessary to bring other matter before the court to get the full effect of it; Story, Eq. Pl. § 336; 3 Atk. 370; when a material fact, which existed before the filing of the bill, has been omitted, and it can no longer be introduced by way of amendment; 3 Stor. 54; 2 Md. Ch. Dec. 303; Mitf. Ch. Pl. 55, 61, 325; but only by special leave of court when it seeks to change the original structure of the bill and introduce a new and different case; 4 Sim. 76, 628; 3 Atk. 110; 8 Price, 518; 4 Paige, Ch. 259; 2 Md. Ch. Dec. 42. See 2 Sumn. 316. The bill must be in respect to the same title in the same person as the original bill; Story, Eq. Pl. 339. It must state the original bill, and the proceedings thereon; and when it is occasioned by an event which has occurred subsequently to the original bill, it must state that event and the consequent alteration with regard to the parties. In general, the supplemental bill must pray that all defendants appear and answer the charges it contains; Mitf. Ch. Pl. 75; Story, Eq. Pl. § 343. In the English Supreme Court of Judicature, amendments SUPPORT of the pleadings may now be allowed at any stage of the proceedings in an action. SUPPLETORY OATH. In Ecclesiastical Law. An oath given by the judge to the plaintiff or defendant upon half proof, as by one witness, already made. The oath added to the half proof enables the judge to decide. It is discretionary with the judge. Stra. 80; 3 Sharsw. Bla. Čom. 370*. SUPPLICATIO (Lat.). In Civil Law. A petition for pardon of a first offence; also, a petition for reversal of judgment; also, equivalent to duplicatio, which is our rejoinder. Calvinus, Lex. SUPPLICAVIT (Lat.). In English Law. The name of a writ issuing out of the king's bench or chancery for taking sureties of the peace: it is commonly directed to the justices of the peace, when they are averse to acting in the affair in their judicial capacity. 4 Bla. Com. 233. See Viner, Abr.; Comyns, Dig. Chancery (4 R), Forcible Entry (Ď 16, 17). SUPPLICIUM (Lat.). In Civil Law. A corporal punishment ordained by law; the punishment of death: so called because it was customary to accompany the guilty man to the place of execution and there offer supplications for him. SUPPLIES. traordinary grants to the king by parliament In English Law. Exto supply the exigencies of the state. Jacob. SUPPORT. The right of support is an easement which one man, either by contract or prescription, enjoys, to rest the joists or timbers of his house upon the wall of an adjoining building owned by another person. 3 Kent, 435. See Washb. Easem.; Lois des Bat. pt. 1, c. 3, s. 2, a. 1, § 7. A right to the support of one's land so as to prevent its falling into an excavation made by the owner of adjacent lands. This support is of two kinds, lateral and subjacent. Lateral support is the right of land to be supported by the land which lies next to it. Subjacent support is the right of land to be supported by the land which lies under it. In lateral support, if the soil has no buildings on it and is thrown down by digging in the adjoining land, an action for damages will lie. This right is not in the nature of an easement, but is a right incident to the ownership of the property. But if there are buildings on the land and the digging in the adjoining land causes them to fall, no action will lie for the damage done to the buildings, but only for the injury done to the soil, except when the digging can be shown to be negligent. There is no natural right to the support of buildings as there is to the support of the soil. A right to the support of buildings is to be acquired only by grant express or implied, or, as has sometimes been held, by prescription. Equity will restrain by injunction any negligent excavating which is SUPPRESSIO VERI likely to overthrow neighboring buildings. In subjacent support the rules are the same, both as regards the natural soil and the soil when burdened with buildings. See 1 Am. L. Rev. 1; 27 Am. L. Reg. 529; Gale, Easements, 358; Washb., Goddard, Easements. SUPPRESSIO VERI (Lat.). Concealment of truth. In general, a suppression of the truth when a party is bound to disclose it vitiates a contract. In the contract of insurance, a knowledge of the facts is required to enable the underwriter to calculate the chances and form a due estimate of the risk; and, in this contract perhaps more than any other, the parties are required to represent every thing with fairness; 1 W. Blackst. 594; 3 Burr. 1809. Suppressio veri, as well as suggestio falsi, is a ground to rescind an agreement, or at least not to carry it into execution; 3 Atk. 383; 1 Fonbl. Eq. c. 2, s. 8; 1 Ball & B. 241; 3 Munf. 232; 1 Pet. 383; 2 Paige, Ch. 390; Bisph. Eq. sec. 213; 1 Story, Eq. Jur. § 264. See CONCEALMENT; MISREPRESENTATION; REPRESENTATION; SUGGESTIO FALSI. SUPRA PROTEST. Under protest. See ACCEPTANCE; ACCEPTOR; Bills of EXCHANGE. SUPREMACY. Sovereign dominion, authority, and pre-eminence; the highest state. In the United States the supremacy resides in the people, and is exercised by their constitutional representatives, the president and congress. See SOVEREIGNTY. SUPREME. That which is superior to all other things; as, the supreme power of the state, which is an authority over all others; the supreme court, which is superior to all other courts. SUPREME COURT. In American Law. A court of superior jurisdiction in many of the states of the United States. The name is properly applied to the court of last resort, and is so used in most of the states. In nearly all the states there is a supreme court, but in one or two there is a court of appellate jurisdiction from the supreme court. See the articles on the respective states; COURTS OF THE UNITED STATES; 4 Bla. Com. 259. SUPREME COURT OF ERRORS. In American Law. An appellate tribunal, and the court of last resort, in the state of Connecticut. See CONNECTICUT. 688 SUPREME JUDICIAL COURT. In American Law. An appellate tribunal, and the court of last resort, in the states of Maine, Massachusetts, and New Hampshire. See MAINE; MASSACHUSETTS; NEW HAMP SHIRE. SURCHARGE. To put more cattle upon a common than the herbage will sustain or than the party hath a right to do. 3 Bla. Com. 237. SURETYSHIP The remedy was by distraining the beasts beyond the proper number; an action of trespass which must have been brought by the lord of the manor; an action on the case, or a writ of admeasurement of pasture. 2 Sharsw. Bla. Com. 238, n. In Equity Practice. To prove the omission of an item from an account which is before the court as complete, which should be inserted to the credit of the party surcharging; Story, Eq. Jur. § 526; 2 Ves. 565; 11 Wheat. 237. It is opposed to falsify, which see. Leave to surcharge and falsify is granted in preference to opening an account, in case of an account stated by the parties or reported by an auditor, where the party obtaining the liberty would be concluded by the account were it not granted. See AccoUNT; AUDitor. SURETY. A person who binds himself for the payment of a sum of money, or for the performance of something else, for another. See SURETYSHIP. SURETYSHIP. An undertaking to answer for the debt, default, or miscarriage of another, by which the surety becomes bound as the principal or original debtor is bound. It differs from guaranty in this, that suretyship is a primary obligation to see that the debt is paid, while guaranty is a collateral undertaking, essentially in the alternative, to pay the debt if the debtor does not pay it; 24 Pick. 252. And accordingly a surety may be sued as a promisor to pay the debt, while a guarantor must be sued specially on his contract; 8 Pick. 423. While guaranty applies only to contracts not under seal, and principally to mercantile obligations, suretyship may apply to all obligations under seal or by parol. The subjects are, however, nearly related, and many of the principles are common to both. There must be a principal debtor liable, otherwise the promise becomes an original contract; and, the promise being collateral, the surety must be bound to no greater extent than the principal. Suretyship is one of the contracts included in the Statute of Frauds, 29 Car. II. c. 3. The contract must be supported by a consideration, like every other promise. Without that it is void, apart from the Statute of Frauds, and whether in writing or not; 4 Taunt. 117; 17 Penn. 469. Kent, C. J., divides secondary undertakings into three classes: First, cases in which the guaranty or promise is collateral to the principal contract, but is made at the same time and becomes an essential ground of the credit given to the principal or direct debtor. Here there is not, and need not be, any other consideration than that moving between the creditor and original debtor. Second, cases in |