And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants... The New Practice of the Common Law - Page 1057by James Paterson - 1857Full view - About this book
| Francis Buller - Nisi prius - 1788 - 388 pages
...if fuch Party were living, there fuch Death makes no Alteration. However, now by 8 y 9 W. 3. c. I1. if there be two or more Plaintiffs or Defendants, and one or more of them fhould die, if the Caufe of Aftion furvive, the . Aftion fhall not be thereby abated, but fuch Death... | |
| Great Britain. Courts - Law reports, digests, etc - 1793 - 426 pages
...fot error, fo as judgment be entered within two Terms, 349. nttit 7. By 8. & 9. Will. 3. c. ii. f. 7. if there be two or more plaintiffs or defendants, and one or more of them ihall die, and the caufe of action furvives, the writ or acticn Hull not be thereby abated ; but fuch... | |
| Great Britain. Courts - Law reports, digests, etc - 1793 - 420 pages
...error, fo as judgment be entered within two Terms, 249. netU 8 7. By 8. fcc. Will. 3. c. ii. f. 7. if there be two or more plaintiffs or defendants, and one or more of them ihall die, and the caufe of action furvives, the writ or aftiun ihall not be thereby abated ; but fuch... | |
| Virginia - Law - 1794 - 288 pages
...profecuting fuch. \vntoi-vfrilsofjdrefoctas, againft fuch Defendant, his Executors or Adminiftrators. And if there be two or more Plaintiffs or Defendants, and one or more of them fhould die, if the cauie of action fhould furvive to the furviving Plaintiff or Plaintiffs, or againft... | |
| Great Britain. Courts, Sir James Dyer - Law reports, digests, etc - 1794 - 554 pages
...generally been ruled againft this opinion in quart imfrJit, but BOW, by 8 and 9. W. 3. c. II. § 7. " If there be " two or more plaintiffs or defendants, and one " or more of them die, if the caufe of aaion " furvive, the fuit Ihall not abate, but the death " being fuggellcd on... | |
| Zephaniah Swift - Law - 1795 - 990 pages
...aclion fliall proceed to final idiic according to 'aw. If in any aclion pending in Court, there fliall be two or more plaintiffs, or defendants, and one or more of them die, peuding the fuit, if the caufe of aclion furvive to the furviving plaintiff or plaintiffs, or... | |
| Great Britain. Courts - Law reports, digests, etc - 1795 - 536 pages
...by virtue of the ftatute 8. fcf 9. Will. 3. c. 1 1. by which it is enaoed, *' That where there are two or more plaintiffs or defendants, and " one or more of them fnall die, &c. the writ or anión lhall not " abate, but fuch death bcir.g iuggclled on the roll, the... | |
| William Graydon - Law - 1803 - 730 pages
...there be two or more plaintiffs or defendants, undone or more of them shall die, if the cause; oí action shall survive to. the surviving plaintiff or...against the surviving defendant or defendants, the writ or acTion shall not be thereby abated; but such death being suggested upon the record, tie action... | |
| Law - 1805 - 668 pages
...out of the Execution as aforesaid. XXXIV. And be ife further enacted by the Authority aforesaid, That if there be two or more Plaintiffs or Defendants, and one or more of them shall die, if the Cause of Action shall survive to the surviving Plaintiff or Plaintiffs, or against... | |
| Joseph Chitty - Parties to actions - 1809 - 550 pages
...9 Wm. III. c. 2. s. 7.(y) it is enacted, that " if there be two or more plaintiffs or de" fendants, and one or more of them should die, if the cause "...action shall survive to the surviving plaintiff or plain " tiffs, or against the surviving defendant or defendants, the " writ or action shall not be... | |
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