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" An action does not 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. "
The Code of Procedure of the State of New York, as Amended to 1873: With ... - Page 103
by New York (State), John Townshend - 1873 - 899 pages
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Laws of the State of New York, Volume 1

New York (State) - Session laws - 1849 - 864 pages
...therein, if Jy'^^1* the cause of action survive or continue. In case of death, mar- marriage 01 riage or other disability of a party, the court, on motion, at any btuty. *~ within one year thereafter, or afterwards on a supplemental complaint may allow the action...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...ngainst the different parties to bills of exchange and promissory notes. Laws of 1832. Chap. 276. § 101. No action shall abate by the death, marriage or other...on motion, at any time within one year thereafter, may allow the action to be continued by or against his representative or successor in interest. In...
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Hunt's Merchants' Magazine and Commercial Review, Volume 19

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...injunction, substituting proceedings, similar in effect, by order, (§ 191 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (§ 101.) The provisions of the code, relating to " trial by referees," am striking, and may lead to...
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Merchants' Magazine and Commercial Review, Volume 19

Commerce - 1848 - 706 pages
...injunction, substituting proceedings, similar in effect, by order, (ф 1У1 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (ф 101.) The provisions of ihe code, relating to " trial by referees," arc striking, and mny lead...
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The Merchants' Magazine and Commercial Review, Volume 19

1848 - 700 pages
...injunction, substituting proceedings, similar in effect, by order, ($ 191 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (§ 101.) The provisions of the code, relating to " trial by referees," arc striking, and may lend...
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Stryker's American Register and Magazine, Volume 3

History, Modern - 1849 - 626 pages
...controversy adverse to the plaintiff. No action is to be abated by the disability of any party, or the transfer of any interest therein, if the cause of action survive ; and the assignee may be substituted for the original party. Actions are to be commenced by a summons...
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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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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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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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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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