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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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The Code of Civil Procedure of the State of California, Adopted March 11th ...

California, Nathan Newmark - Civil procedure - 1880 - 768 pages
...tenants in common, 52 Cal. 263. § 385. An action or procecding does not abate by tho death or any disability of a party, or by the transfer of any interest therein, if the cause of action.survive or continue. In case of the death or any disability of a party, tbc court, on motion,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 35-36

Law reports, digests, etc - 1888 - 1906 pages
...matter. Section 2845 enacts: "Actions do not abate by the death, marriage, or other disability of either party, or by the transfer of any interest therein, if the cause of action survives or continues." Manifestly this is an accurate declaration of the law of Tennessee as it stood...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volume 59

Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1880 - 682 pages
...the marine and justices' courts, the provision of section 101 (now numbered 121), which declare that no action shall abate by the death, marriage or other disability of a party if the cause of action survive or continue, but that the court may allow the action to be continued...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1881 - 588 pages
...abate. SEC. 200. An action or proceeding does not abate by Action when the death or any disability ot a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of the death or any disability of a party, the Court, on motion, may allow the action or proceeding to...
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The Compiled Statutes of the State of Nebraska: Comprising All Laws of a ...

Nebraska, Guy Ashton Brown - Law - 1881 - 842 pages
...at the option of the plaintiff. SEC. 45. [Action not to abate by disability.]— 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 the case of the marriage of a female...
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Introduction to American Law: Designed as a First Book for Students

Timothy Walker - Law - 1882 - 850 pages
...Ohio State, 330 ; Miihl ». Michignn SRR Co. 10 Ohio Smte, 272. (6) By the Code, an action does not abate by the death, marriage, or other disability...party, or by the transfer of any interest therein during its pendency, provided the cause of action survives. § 39. Nor does an action pending abnte...
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The Supreme Court Reporter, Volume 19

Law reports, digests, etc - 1899 - 962 pages
...state the injury was received, provide that-J "no action shall abate by the*death or disa-» billty of a party, or by the transfer of any Interest therein, If the cause of action survive or continue" (section 272); also, that "a cause of action arising out of an Injury to the person dies with the person...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - Civil procedure - 1884 - 550 pages
...— 639. Sec. 188. Actions, when not to abate. CCP, s. (>4. RC, c. 1, s. 4. li. C., c. 46, 8. 43. (1) No action shall abate by the death, marriage or other...cause of action survive or continue. In case of death, except in suits for penalties, and for damages merely vindictive, marriage or other disability of a...
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The Pacific Reporter, Volume 158

Law reports, digests, etc - 1916 - 1226 pages
...that the latter have in asserting their ownership to such property. Section 38, LOL, declares that: "No action shall abate by the death, marriage, or...the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the court may, at any time within one year thereafter,...
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The Pacific Reporter, Volume 179

Law reports, digests, etc - 1919 - 1020 pages
...he died after the commencement of the action. It is said In section 38 U OL: "No action shall ahnte by the death, marriage, or other disability of a party,...the cause of action survive or continue. In case of the death, marriage, or other disability of a party, the court may, at any time within one year thereafter,...
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