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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... "
The Code of Civil Procedure of the State of New York: Reported Complete by ... - Seite 249
von New York (State). - 1850 - 791 Seiten
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The Pacific Reporter, Band 43

1896 - 1212 Seiten
...interest except as otherwise provided in section twentyeight." It further provides (paragraph 4114): "Of the parties to the action those who are united...interest must be joined as plaintiffs or defendants." Section 28 (Gen. St. 1368, c. 80), referred to in the first section quoted, is as follows: "An executor,...
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The Pacific Reporter, Band 203

1922 - 1150 Seiten
...either as plaintiffs or defendants, as required by section 4692, R. L. 1910, which provides that — "Of the parties to the action, those who are united in interest must be joined aa plaintiffs Remedies (4th Ed.) § 142. Section 4C92, R. b. 1910, does not abrogate the common-law...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Band 26

Utah - 1884 - 666 Seiten
...title, or of declaring the same to Ix; held in trust, or of removing a cloud upon the same. SEC". 239. Of the parties to the action, those who are united in interest must lie joined as plaintiffs, or defendants; but if the consent of any one, who should have been joined...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 Seiten
...involved therein. 3036. SEC. 14. Of the parties to the actirn, those who are united in interest shall be joined as plaintiffs or defendants; but if the...cannot be obtained, he may be made a defendant, the Injury to child. joined. Defendant. Parties who to be joined. reason thei-eof being stated in the complaint...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 Seiten
...settlement of a <|iiest.on involved therein ; except as otherwise expressly prescribed in iliis aft. § 448. Of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants, except as otherwise expressiv preserihed in this act. But if the consent of any one, who ought to be...
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Parties to Mortgage Foreclosures and Their Rights and Liabilities in ...

Charles Hastings Wiltsie - 1885 - 364 Seiten
...general equitable rule has been embodied in the codes of some states. See the New York Code, § 448 : " Of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants, except as otherwise expressly prescribed in this act. But if the consent of any one, who ought to be...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Band 3

George Caines - 1885 - 616 Seiten
...in such cases, obtain execution only out of the same court.[2] Eveu actions on foreign judgments [1] Of the parties to the action, those who are united...interest, must be joined as plaintiffs or defendants. Code, a 99. Post i La Rue v. Neafie. are not very common; because executions are generally issue 1...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Band 1

Morris March Estee - 1886 - 728 Seiten
...in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided."1 And "of the parties to the action those who are united...or defendants ; but if the consent of any one who si ion Id have been joined as plaintiff can not be obtained, he may be made a defendant, the reason...
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Reports of Cases in the Supreme Court of Nebraska, Band 19

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 Seiten
...may be joined as plaintiffs, except as otherwise provided in this title." Section 42 is as follows: "Of the parties to the action those who are united...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...
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The Northwestern Reporter, Band 28

1886 - 1058 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 stated in the petition." By. these sections, and by others to which we need not now refer, it...
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