 | 1904 - 1126 Seiten
...supposed to be authorized by section 5008 of the Revised Statutes of Ohio, which reads as follows: "When the question is one of a common or general interest of many persons, or when the parties are very numerous, and it is impracticable to bring them all before the... | |
 | Idaho (Ter.) - 1881 - 588 Seiten
...who pa rt'« ii » : ""' r are muted in interest must be joined as plaintme or joined, 'lefendants; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may Ixj made a defendant, the reason thereof being stated in the complaint; and when the question is one... | |
 | Nebraska, Guy Ashton Brown - 1881 - 842 Seiten
...those who are united in interest must be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot...be obtained, he may be made a defendant, the reason being staled in the petition. SEC. 48. [Same— Common interest— Numerous parties.]— When the question... | |
 | New York (State) - 1881 - 1532 Seiten
...otherwise expressly prescribed in this act. But if the consent of any one, who ought to be joined as a plaintiff', cannot be obtained, he may be made a defendant, the reason therefor being stated in the complaint. And where the question is one of a common or general interest... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 686 Seiten
...expressly declares, that " if the consent of any one •who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint." It is clear, therefore, that the court did right in permitting the appellee to file an amended complaint,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1882 - 690 Seiten
...as co-plaintiff. 1 Chitty PI. 73; Practice Act, sec. 8. Section 19 of the Practice Act provides that "if the consent of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint."... | |
 | 1876 - 870 Seiten
...perhaps for favor, to prevent the enforcement of the obligation by his co-obligee. It is as follows : " But if the consent of any one who should have been...defendant, the reason thereof being stated in the petition." I assume that this clause refers to all actions, to legal actions, including actions to... | |
 | Daniel T. Robertson, New York (State). Marine Court (New York), Edward Jacobs - 1883 - 646 Seiten
...of the Code of Civil Procedure provides that "If the consent of any one, who ought to be joined as a plaintiff, cannot be obtained, he may be made a defendant, the reason therefor being stated in the complaint ;" and section 447 provides that where the presence of any person... | |
 | 1908 - 1164 Seiten
...§ :?100) provides : "Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants ; but if the consent of...question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to liring them all before the court,... | |
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Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being... 
