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" Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being... "
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 Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...provided in this title. & 118. Any person may be made a defendant, who has Wliomay " . . " •any, nus119. Of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants ; but il!i"re«n when to be if the consent of any one, who should have been joined as iui««i. plaintiff,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...complete determination and settlement of the question involved therein. And the 119th section enacts that of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants, unless the consent of one who should have been joined as plaintiff can not be obtained, then he may...
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Laws of the State of New York, Volume 2

New York (State) - Session laws - 1851 - 1408 pages
...defendants ; but in"ere«n when to b« if the consent of any one, who should have been joined as i°ined plaintiff, cannot be obtained, he may be made a defendant,...the reason thereof being stated in the complaint, and when the question is one of a common or general interest of many persons ; or when the parties...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...ejectment. Ptarse v. Golden, U Barb. SCR. 5'J^. § 119. [99.] (Amended 1849.) Parties to le joined, &c — Of the parties to the action, those who are united in interest must be joined as plaintiff's or defendants ; but if the consent of any one who should have been joined as plaintiff,...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour - Law reports, digests, etc - 1852 - 716 pages
...defendants, except that, if the consent of any one who should have been joined as plaintiff, can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint. This too was the practice in the court of chancery. The legislature adopted the provision thus reported,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...14. Of the parties to the action, those who are united in in- who to be joined us particterest shall be joined as plaintiffs, or defendants ; but if the...defendant, the reason thereof being stated in the complaint ; and when the question is one of a common or general interest, of many persons, or when the parties...
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Reports of Cases in Law and Equity in the Supreme Court of the State of New York

Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1854 - 722 pages
...necessary party to a complete determination or settlement of the questions involved therein. § 119 : " Of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants." The administrators of ES Jackson neither have or claim an interest in the controversy adverse to the...
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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
...freehold. Ellicolt v. Notier, 3 Seiden, 201. §.!!>. [99.] (Amended 1849.) Parties to bejointS, <&c. Of the parties to the action, those who are united...the reason thereof being stated in the complaint, and when the question is one of a common or general interest of many persons ; or when the parties...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...therein. (1) ART. 751. Sec. 14. Of the parties to the action, those who are united in interest shall eited, with intent to prejudice, damage, or defraud any person or and when the question is one of a common or general interest, of many persons, or when the parti«...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...those who are united in interest shall be joined as plaintiffs or defendants ; but if the consent of one who should have been joined as plaintiff cannot...be obtained, he may be made a defendant, the reason being stated in the complaint. SEC. 14. When the question is one of common or general interest of many...
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