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" Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1. If the action be against the defendants jointly indebted upon a contract, be may proceed against... "
The Code of Civil Procedure of the State of California: Adopted March 11 ... - Seite 151
von California - 1909 - 1169 Seiten
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...code. § 14. Section 115 is amended, so as to read as follows : § J 1 5. Where the action is against two or more defendants, and the summons is served...may proceed as follows : 1. If the action be against several persons, jointly indebted upon a contract, he may proceed against the defendant served, in...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...thereupon be compelled as the court directs. Amended Code, $ 135. § 632. Where the action is against two or more defendants, and the summons is served...action be against the defendants jointly indebted upon an obligation, he may proceed against the defendants served, unless the court otherwise direct, and...
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Practice Reports in the Supreme Court and Court of Appeals, Band 5

Nathan Howard (Jr.) - 1851 - 530 Seiten
...that a several judgment may be rendered on a joint contract. " § 136. Where the action is against two or more defendants, and the summons is served...may proceed as follows: 1. If the action be against several persons jointly indebted upon a contract, he may proceed against the defendant served, in the...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...(Amended.) — Joint and several debtors. — Proceedings against. — Where the action is against two or more defendants, and the summons is served...may proceed as follows: 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 Seiten
...(Amended 1849, 1851.) Joint and several debtors. Proceedings against. — Where the action is against two or more defendants, and the summons is served...may proceed as follows : 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...joint debtors, are contained in sec. 136, to the following effect : § 136. Where the action is against two or more defendants, and the summons is served...all of them, the plaintiff may proceed as follows : property of the defendants served, and, if they are subject to arrest, against the persons of the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 Seiten
...part. Proceeding! SEC. 32. Where the action is against two or more defendants, and wrred oUiT«™me" the summons is served on one or more, but not on all of them, the mly- plaintiff may proceed as follows: • a contract, he may proceed against the defendant served,...
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A Treatise on the Practice of the Supreme Court of the State of New ..., Band 2

Claudius L. Monell - 1854 - 508 Seiten
...substantially embraced all these provisions. And it is provided(7) that where the action is against two or more defendants, and the summons is served...of them, the plaintiff may proceed as follows : (1) 12 Wendell, 131. (2) 1 Gallison, 368; 16 Johns. 106; 4 Johns. Ch. Rep. 525. (3) 3 B. i P. 289 ; 2 Conn....
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Reports of Cases Argued and Adjudged in the Superior Court of ..., Band 1

Robert D. Handy, John H. Handy - 1855 - 638 Seiten
...Where the action is against two or more defendants, and one or more shall have been served, but not all of them, the plaintiff may proceed as follows : "1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendants served, unless the...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 Seiten
...shall be entered within four days after the close of the trial. If the action be on contract against two or more defendants, and the summons is served on one or more, but not on all, the judgment shall be entered up only against those who were served, if the contract be a several or...
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