| Charles W. Langdon - Constables - 1870 - 858 pages
...should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint ; and when the question...or more may sue or defend for the benefit of all. Gen. Laws, 4953, 5464. SEC. 45. This section was intended to apply to suits in equity and not to actions... | |
| New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint ; and when the question...interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court, one or more may sue... | |
| Statutes - 1870 - 288 pages
...have heen joined as plaintiff caunot he ohtained, he may he made a defendant, the reason thereof heing stated in the complaint, and when the question is...interest of many persons ; or when the parties are very numerous and it may he impracticahle to hring them all hefore the court, one or more may sue or... | |
| New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...have been joined as plaintiff', cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint, and when the question...interest of many persons ; or when the parties are very numerous and it may be impracticable to bring them all before the court, one or more may sue or... | |
| California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question...or more may sue or defend for the benefit of all. 383. (ยง 15.) Persons severally liable upon the same obligation or instrument, including the parties... | |
| California - Civil procedure - 1872 - 774 pages
...should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint ; and when the question...them all before the court, one or more may sue or defeud for the benefit of all. 1 Cal. 55; 6Cal.506; 7Cal,330; 14 Cal. 531; 16 Cal. 145 ; 27 Cal. 50.... | |
| South Carolina - Law - 1873 - 1164 pages
...should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question...interest of many persons, or when the parties are very numerous and it may be impracticable to bring them all before the Court, one or more may sue or... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1880 - 792 pages
...prosecute for the others, the statute, which accords with the rule in equity, provides that " where the question is one of a common or general interest of many persons, or when the parties are very numerous, and it may be impracticable to bring them all before the court Carpenter v. Canal Co.... | |
| Ohio. Supreme Court - Law reports, digests, etc - 1910 - 648 pages
...there held that: "Section 5008, of the Revised Statutes, which provides that when the parties are very numerous and it is impracticable to bring them all before the court, one or more may sue for the benefit of all, applies to actions of a legal, as well as to those of an equitable nature."... | |
| Iowa. Supreme Court - Law reports, digests, etc - 1874 - 776 pages
..."When the question is one of common or general interest to many persons, or when the partiea are very numerous, and it is impracticable to bring them all...court, one or more may sue or defend for the benefit of the whole." Our statute has adopted the rule of courts of equity, as to parties, and the section above... | |
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