Principle

CIVIL PROCEDURE – Estoppel – Party Voluntarily Substituted Cannot Deny Proper Parties

Area of law
CIVIL PROCEDURE
Court
Supreme Court

The doctrine against approbating and reprobating (blowing hot and cold) prevents parties from: accepting benefits of a position then later denying that position's validity. Here, parties who: voluntarily sought substitution for deceased defendant, participated in proceedings as proper parties, contested the action on merits, then…

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