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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. "
North Carolina Reports: Cases Argued and Determined in the Supreme Court of ... - Seite 522
von North Carolina. Supreme Court - 1875
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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
...as it stands in the 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 on one or more, but not on all of them, the plaintiff may proceed as follows : 1. If the action be against several...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...such restitution may 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 on one or more, but not on all of them, the plaintiff may proceed as follows : 1. If the action be against the defendants...
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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
...S. 188. $ 130. [115.] (Amended.) — Joint and several debtors. — Proceedings against. — 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 defendants...
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Practice Reports in the Supreme Court and Court of Appeals, Band 5

Nathan Howard (Jr.) - 1851 - 530 Seiten
...overlooked by those who contend 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 on one or more, but not on all of them, the plaintiff may proceed as follows: 1. If the action be against several persons...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 1

California. Supreme Court - 1851 - 672 Seiten
...raised to this construction of the statute under the third subdivision of section 31. This declares that when the action is against two or more defendants, and the summons has been served on all, "judgment may be taken against any or " either of them severally, when the...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 Seiten
...to actions against 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 on one or more, but not on all of them, the plaintiff may proceed as follows : property of the defendants served, and,...
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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
...allows. § 136. [115.] (Amended 1849, 1851.) Joint and several debtors. Proceedings against. — 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 defendants...
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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
...non-resident, absent, or concealed defendant, and conduct the proceedings on his part. SEC. 32. 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 : 524 • a contract, he may proceed against...
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Reports of Cases Determined in the Supreme Court of the State of ..., Band 1

California. Supreme Court - 1853 - 708 Seiten
...raised to this construction of the statute under the third subdivision of section 31. This declares that when the action is against two or more defendants, and the summons has been served on all, " judgment may be taken against any or " either of them severally, when the...
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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
...separately. The Code has now 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 on one or more but not on all of them, the plaintiff may proceed as follows : (1) 12 Wendell, 131. (2) 1 Gallison,...
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