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" No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. "
First[-Fourth] Report of the Commissioners on Practice and Pleadings ... - Page 127
by New York (State). Commissioners on Practice and Pleadings - 1848
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...same action, at the option of the plaintiff. Amended Code. § 120, amended. § 612. An action does not abate by the death, marriage or other disability of...the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the court on motion, may allow the action to be...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...notes, may all or any of them be included in the same action, at the option of the plaintiff. " S. 121. No action shall abate by the death, marriage or other...on motion at any time within one year thereafter, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representatives...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...tosuits then existing, as well as those thereafter to be commenced, goe= further and declares that no action shall abate by the death, marriage or other...if the cause of action survive or continue. In case oi death, marriage or other disability of a party, it provides that the court on motion, at any time...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...he bring several actions against parties who may be joined in one. See section 304 of this code. 79 or continue. In case of death, marriage or other disability...on motion, at any time within one year thereafter, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representative...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...section 304 of this code. § 121. [101.] (Amended 1849.) Existing suits. Actionwhen not to abate. — No action shall abate by the death, marriage, or other...on motion, at any time within one year thereafter, or afterwards on a supplemental complaint, may allow the action to be continued by or against his representative...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...allegations. The provision of the Code on this subject, is contained in sec. 121, and runs as follows: § 121. No action shall abate by the death, marriage. or other...on motion, at any time within one year thereafter, or afterwards, on a supplemental complaint, may allow the action to be continued by or against his...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...continued against the heirs at law of the deceased original defendant. That section (121) provides that no action shall abate by the death, marriage, or other...other disability of a party, the court, on motion, at anytime within one year thereafter, or afterPutnam agt. Van U'ucn and ollu-rs. wards on a supplemental...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...before verdict or judgment. But the provisions of the code are much broader. Section 121 provides that no action shall abate by the death, marriage, or other disability of a party, if the cause of action survive or continue. Where in an action against a non-resident defendant, the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...before verdict or judgment. But the provisions of the code are much broader. Section 121 provides that no action shall abate by the death, marriage, or other disability of a party, if the cause of action survive or continue. In case of death, marriage or other disability of a party,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...of the plaintiff. SEC. 16. An action shall not abate by the death, or other disability Transfer of of a party; or by the transfer of any interest therein, if the cause death of1 party, of action survive or continue. In case of the death, or other disability of a party,...
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