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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 ... - Σελίδα 127
των New York (State). Commissioners on Practice and Pleadings - 1848
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 52

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1881 - 764 σελίδες
...him the person for whose benefit the action is prosecuted." Section 2607. Section 2604 provides that, "of the parties to the action, those who are united...defendants; but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated...

The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 838 σελίδες
...determination or settlement of the question involved therein. SEC. 42. [Parties iinited in interest joined.]— 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...

The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - 1881 - 842 σελίδες
...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...

Laws of the Territory of Idaho

Idaho (Ter.) - 1881 - 588 σελίδες
...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...

Reports of Cases Argued and Determined in the Supreme Court of ..., Τόμος 80

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 σελίδες
...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,...

The Southern Law Review, Τόμος 2

1876 - 870 σελίδες
...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...

The Pacific Reporter, Τόμος 16

1888 - 1022 σελίδες
...then by answer, or the objection will be waived; but there arc exceptions. The Code provides that, "of the parties to the action those who are united...the reason thereof being stated in the complaint," (section 382, Code Civil Proc.;) and "the court may determine any controversy between parties before...

The Pacific Reporter, Τόμος 95

1908 - 1164 σελίδες
...(Сотр. Laws, § :?100) provides : "Of 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...

Laws of the Territory of Utah Passed by the Legislative Assembly, Τόμος 26

Utah - 1884 - 666 σελίδες
...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...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...

The Pacific Reporter, Τόμος 48

1897 - 1148 σελίδες
...excuse their all Joining as parties, they must have joined as plaintiffs or have been made defendants. "Of the parties to the action, those who are united...defendants; but, if the consent of any one who should have beeu joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated...




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