 | South Carolina - 1868 - 942 pages
...such actions. SEC. 142. Of the parties to the action, those who are united in interest Parties to i>e must be joined as plaintiffs or defendants; but if the consent of any one ° ' c' who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the... | |
 | New York (State) - Law - 1869 - 1002 pages
...45, 138; 43 B., 263; 40 B., 443; 28 How. PR, 94. § 119. Of the parties to the action, those who arc united in interest must be joined as plaintiffs or...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... | |
 | Austin Abbott - Civil procedure - 1869 - 600 pages
...sue. Section 119 has, I think, no bearing upon the question in this case. That provides that those united in interest must be joined as plaintiffs or...defendants ; but if the consent of any one who should have joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | New York (State), John Townshend - Civil procedure - 1870 - 896 pages
...Dirigée, 4 ED Smith, 379 ; Brewster v. Silence, 8 NY 214). § 119. (Am'd 1849.) Parties to be joined, &c. Of the parties to the action, those who are united...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... | |
 | Civil procedure - 1870 - 378 pages
...defendant, the reason thereof being stated in the complaint. (Am'd in 1849.) § 119. (As am'd in 1849.) 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 are... | |
 | Utah (Ter.) - Law - 1870 - 162 pages
...therein. SEC. 14. Of the parties to the action, those who are united be joSedThot° *n interest shall be joined as plaintiffs, or defendants; but if the...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... | |
 | Charles W. Langdon - Constables - 1870 - 858 pages
...rights. 11 Cal. 366. SEC. 44. Of the parties to the action, those who are united in interest 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... | |
 | Wyoming - Law - 1870 - 808 pages
...involved therein. SEC. 42. Of the parties to the action, those who are . . J united in interest shall be joined as plaintiffs or defendants ; but if the...obtained, he may be made a defendant, the reason thereof beinj staged in the £«titicu ; «.ud when the question is one of s» common or jjcmrs.1 interest... | |
 | Law - 1892 - 554 pages
...action must be prosecuted in the name of the real party in interest," and the further section, that "of the parties to the action, those who are united...defendants, but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | Kentucky. Court of Appeals - Law reports, digests, etc - 1871 - 880 pages
...the only one we deem it necessary to decide. The Civil Code of Practice, section 36, provides that " of the parties to the action those who are united...interest must be joined as plaintiffs or defendants;" and there can be no doubt that in equitable actions for the settlement of estates several distributees... | |
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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... 
