 In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.  The Pacific Reporter - Page 1011918Full view - About this book
 | William Wait - Civil procedure - 1874 - 910 pages
...effect, it is further provided that, in an action against several defendants, the court may, in ita discretion, render judgment against one or more of...to proceed against the others, whenever a several j udgment may be proper. Code, § 274. The interests of the parties to be thus severally tried must... | |
 | New York (State) - Court rules - 1875 - 498 pages
...thrmspl vos, and it may grant to the defendant any affirmative relief to which he may he entitled. 1n an action against several defendants, the court may, in its discretion, render jndgment against one or more of them, leaving the action to proceed against the others, whenever a... | |
 | California, Theodore Henry Hittell - Law - 1876 - 986 pages
...between themselves. 10.579. Judgment may be against one party and action proceed as to others. SEC. 579. e or reject ion by him. SEC. 492. Within the time limit 10.580. The relief to be awarded to the plaintiff. SEC. 580. The relief granted to the plaintiff, if... | |
 | Wyoming - Dakota Indians - 1876 - 882 pages
...between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled. In an action against several defendants the court...to proceed against the others, whenever a several judgThecourtmay ment may be proper. The court may also dismiss the petition péu'tioñ. the with costs,... | |
 | New York (State). - Civil procedure - 1876 - 498 pages
...between themselves, and it may grunt to the defendant any aflirmative relief to which he may be entitled. In an action against several defendants, the court may, In its discretion, render judgim.nt against one or more of them, leaving the action to proceed against the others, whenever a... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1877 - 518 pages
...have sued Cook alone and had judgment against him; and section 149 of the practice act provides that "In an action against several defendants the court...proceed against the others whenever a several judgment would be proper." This section of our practice act corresponds with the third subdivision of section... | |
 | Ohio. Superior Court (Cincinnati), John H. Handy, Robert D. Handy - Law reports, digests, etc - 1877 - 692 pages
...which, in my judgment, should properly control the practice on the subject. Section 371 provides that " in an action against several defendants the court may, in its discretion, rentier judgment against one or more of them, leaving the action to proceed against the others, whenever... | |
 | North Carolina, Albion W. Tourgée - Civil procedure - 1878 - 484 pages
...married wo~2. And it may grant to the defendant any affirmative relief to which lie may be entitled. 3. In an action against several defendants, the court...proceed against the others, whenever a several judgment may be proper. 4:. The court may .aJso dismiss the complaint, with costs in favor of one or more defendants,... | |
 | Isaac Grant Thompson - National banks (U.S.) - 1878 - 1018 pages
...in one action, does not require a joint judgment against all. Section 371 expressly provides that, " in an action against several defendants, the court...proceed against the others, whenever a several judgment may be proper." Where a separate action might have been maintained against a party, a separate judgment... | |
 | Ohio - Session laws - 1878 - 1364 pages
...§371, S. & C. 1048.] SEC. 8. In an action against several defendants, the court may, in its decretion, render judgment against one or more of them, leaving...the others, whenever a several judgment is proper. [Civil Code, $ 371, S. & C. 1048.] SEC. 4. The court may dismiss the petition with costs, in favor... | |
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