 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...754. Though all the defendants have been served with the summons, judgment may be taken against any of them severally, when the plaintiff would be entitled to judgment against such defendants, if the action had been against them alone. Amended Code, § 136, sub. 3. CHAPTER II. JUDGMENT... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...served, in the same manner as if such defendant or defendants were the only parties proceeded against. 3. If all the defendants have been served, judgment may...action had been against them or any of them alone." These provisions show unequivocally that the contract as made by the parties is to be respected and... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...may proceed against the defendants served in the same manner as if they were the only defendants. 3. If all the defendants have been served, judgment may...action had been against them or any of them alone. By the amendment this section is modified eo as to explain the course of proceeding without reference... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...may proceed against the defendants served in the same manner as if they were the only defendants; 3. If all the defendants have been served, judgment may...action had been against them or any of them alone. when JOr- § 137. In the cases mentioned in section 135, the ser. .' mniic in vice of the summons shall... | |
 | California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...declares that when the action is against two or more defendants, and the summons has been served on all, "judgment may be taken against any or " either of...action had been against them or any of them alone." In the case before us the summons was served on both the defendants, and the verdict shows that if the... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...may proceed against the defendants served in the same manner as if they were the only defendants; 3. If all the defendants have been served, judgment may...judgment against such defendant or defendants, if the actionhad been against them or any of them alone, See Sterne vs. Bentley and McLaughlin. 3 How. 331.... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...may proceed against the defendants served iu the same manner as if they were the only defendants ; 3. If all the defendants have been served, judgment may...when the plaintiff' would be entitled to judgment againt such defendant or defendants, if the action had been against them or any of them alone. § 138.... | |
 | New York (State) - Civil procedure - 1852 - 606 pages
...may proceed against the defendants served in the same manner as if they were the only defendants. 3. If all the defendants have been served, judgment may...action had been against them, or any of them alone. By the amendment of 1851 this section is modified so as to explain the course of proceeding without... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...may proceed against the defendants served, in the same manner as if they were the only defendants. 3. If all the defendants have been served, judgment may...action had been against them or any of them alone. These provisions form a corollary to those of the Revised Statutes on the same subject. Art. I. title... | |
 | Civil procedure - 1852 - 446 pages
...been served with the summons, judgment may be taken against any or either of them severally, where the plaintiff would be entitled to judgment against...action had been against them, or any of them alone. Now, although the plaintiff complained against the defendants solely as joint obligors, yet, on production... | |
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If all the defendants have been served, judgment may be taken against any or either of them severally, when the plaintiff would be entitled to judgment against such defendant or defendants if the action had been against them or any of them alone. 
