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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... "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Seite 127
von New York (State). Commissioners on Practice and Pleadings - 1848
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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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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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The Northeastern Reporter, Band 25

1891 - 1240 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." In view of the provisions In these two sections the action was necessarily brought in the name of the...
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Atlantic Reporter, Band 78

1911 - 1318 Seiten
...c. 1), provides as follows: "If the parties to the action, those who are united in interest, shall be joined as' plaintiffs, or defendants, but if the...the reason thereof being stated in the complaint, and when the question is one of a common or general interest of many persons, or when the parties are...
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The Insurance Law Journal: Reports of All Decisions ..., Band 28;Band 48

1916 - 732 Seiten
...under the provision of section 5629, General Statutes of 1909 (Code Civ. Proc. § 36), which reads:— "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 Insurance Law Journal, Band 17

1888 - 992 Seiten
...except as otherwise provided;" and by section 269 of the code it is enacted " that, of the parties in the action, those who are united in interest must be joined as plaintiffs or defendants," etc. Section 568 provides that judgment may be given for or against one or more of several plaintiffs,...
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