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" In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper. "
The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ... - Σελίδα 229
των New York (State), Member of the New York Bar - 1851 - 394 σελίδες
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 27

Arkansas. Supreme Court - 1873
...agai list one or more of several plaintiffs, and for or against one or more of several defendants." " In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper." Thus, it is to be seen, the Code allows a several judgment Gardner et al. v. Hershey et...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 28

Arkansas. Supreme Court - 1876
...recoveries had thereon in like manner. By sections 400 and 401 of the Code of Practice, it is provided, that in an action against several defendants, the court may, in its discretion, render a judgment against one, leaving the action to proceed against the others. In the case before us, such...

First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848
...for or against one or more of several defendants, and it may determine the ultimate rights - of the parties on each side, as between themselves. In an...court may, in its discretion, render judgment against some of them, leaving the action to proceed against the others, whenever a several judgment may be...

The Code of Civil Procedure of the State of New York: Reported Complete by ...

New York (State). Commissioners on Practice and Pleadings - 1850 - 791 σελίδες
...the ultimate rights of the parties on each side, as hetween themselves. Amended Code, § 274. § 750. In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper. Amended Code, % 274 § 751. The relief granted to the plaintiff, if there be no answer,...

Practice Reports in the Supreme Court and Court of Appeals, Τόμος 5

Nathan Howard, New York (State). Supreme Court - 1851
...contracts is thus clearly recognized. It is also provided in the second clause of section 274 as follows: " In an action against several defendants the court...others, whenever a several judgment may be proper." It seems then there are some cases where a several judgment is not proper. What are they? Of course...

Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Τόμος 1

Kentucky - 1851
...against one or more of several plaintiffs, and for or against one or more of several defendants. § 411. In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper. § 412. An action may be dismissed, without prejudice to a future action — 1 . By the...

Acts Passed at the ... Session of the General Assembly for the ..., Τόμος 1

Kentucky - 1851
...of several plaintifl's, and for or against one or more of several defendants. § 411. In an attion against several defendants, the court may, in its...proceed against the others, whenever a several judgment is proper. §412. An action may be dismissed, without prejudice to a future action — 1 . By the plaintiff,...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 1

California. Supreme Court - 1851
...may, in its discre" tion, render judgment against one or more of them, leaving Rowe v. Chandler. " the action to proceed against the others whenever a several " judgment may be proper." The appellant urges, and the same view was taken by the court in Merrifield v. Cooley, above cited, that...

Laws of the State of New York

New York (State) - 1852
...themBelves, and it may grant to the defendant any affirmative' relief to which he may be entitled. In an action against several defendants, the court...be proper. The court may also dismiss the complaint \vith costs, in favor of one or more defendants, in case of unreasonable neglect on the part of the...

The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 σελίδες
...of law, and perhaps to both. For instance, in case of several defendants a judgment may be rendered against one or more of them, leaving the action to...others whenever a several judgment may be proper. " I think here is a plain recognition of the rule that in actions against several defendants, founded...




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