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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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A Treatise on the Practice of the Supreme Court of the State of ..., Volume 2

Claudius L. Monell - Civil procedure - 1854 - 508 pages
...alluded briefly to the subject of abatement, by death, marriage, &?. It is provided by the Code,(3) that no action shall abate by the death, marriage, or other...other disability of a party, the court, on motion, may allow the action to be continued by or against his representatives or successor in interest. In...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - Civil procedure - 1855 - 802 pages
...Schermcrhorn, ID Barb. 638. §121. [101.] (Amended 1849.) Existing suits. Action when not to abate. .No action shall abate by the death, marriage, or...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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Laws of the State of New York, Volume 2

New York (State) - Law - 1857 - 912 pages
...read as follows : mlmlS' § 121. No action shall abate by the death, marriage, eomplaint. or ofae): disability of a party, or by the transfer of any interest...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 Reports in the Supreme Court and Court of Appeals, Volume 13

Nathan Howard (Jr.) - Civil procedure - 1857 - 630 pages
...This motion is founded upon § 121 of the Code, which provides that, "No action shall Coon agt. Knnpp. abate by the death, marriage, or other disability...transfer of any interest therein, if the cause of action continue or survives." In case of death, marriage, or other disability of a party, the court, on motion,...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...notes, may all or any of them be included in the same action, at the option of the plaintiff. SEC. 16. No action shall abate by the death, marriage, or other...party, or by the transfer of any interest therein during its pendency, if the cause of action survive or continue. In the case of the marriage of a female...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...intermediate number, may be sued. Stmrns v. Aguirn, 6 Cal., 183. 16. Лп action shall not abate by the death, or other disability of a party ; or by the transfer...the cause of action survive or continue. In case of the death с г other disability of a party, the court on motion may allow the action to be continued...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858 - 482 pages
...same action, at the option of the plaintiff. dehn°ont abate°."" SEO . 39. That an action does not abate by the death, marriage or other disability of...party, or by the transfer of any interest therein, during its pendency, if the cause of action survive or conriage ot a fe- tinue. In case of the marriage...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...of them be included in the same action, at the option of the plaintiff. SEC. 46. An action does not abate by the death, marriage or other disability of...party, or by the transfer of any interest therein, during its pendency, if the cause of action survive or continue. In case of the marriage of a female...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 9

Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...supposed that their case was provided for by the 121st section of the Code, by which it is enacted that no action shall abate by the death, marriage, or other...on motion, at any time within one year thereafter, or. afterward, on a supplemental complaint, may allow the action to be continued by or against his...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 pages
...intermediate number, may be sued. Stearns v. Aguirre, 6 Cal. 183. 16. An action shall not abate by the death, or other disability of a party ; or by the transfer...the cause of action survive or continue. In case of the death or other disability of a party, the court on motion may allow the action to be continued...
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