 | New York (State) - Civil procedure - 1852 - 606 pages
...in which he has brought his suit, maintain it." § 120. [100.] Parties to oiUs and notes, <&c. — Persons severally liable upon the same obligation...parties to bills of exchange and promissory notes, may all • any of them, be included in the same action, at the option of the plaintiff. ; Although... | |
 | Henry Whittaker - Civil procedure - 1852 - 900 pages
...Hooker, 6 How. 167, 10 LO 49. By sec. 120, it is declared that, as formerly, in actions against parties severally liable upon the same obligation or instrument,...parties to bills of exchange and promissory notes, all or any of such parties may be included in the same action, at the option of the plaintiff. If,... | |
 | California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...parties may be sued in strument, including the parties to bills of exchange and promissory one action, notes and sureties on the same or separate instruments,...shall not abate by the death, or other disability Transfer of of a party; or by the transfer of any interest therein, if the cause death of1 party, of... | |
 | New York (State) - Civil procedure - 1855 - 802 pages
...others, Bouton v. The City of Brooklyn, 15 Barb. 375. § 120. [100.] Parties to bills and notes, &c. Persons severally liable upon the same obligation...parties to bills of exchange and promissory notes, may all or any of them, be included in the same action, at the option of the plaintiff. a. Although... | |
 | John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855 - 738 pages
...Code intended to continue the same rule is obvious, — first, from § 120, which provides, that " persons severally liable upon the same obligation...parties to bills of exchange and promissory notes, may all, or any of them, be included in the same action, at the option of the plaintiff." If other... | |
 | Nathan Howard (Jr.) - Civil procedure - 1856 - 612 pages
...conclusive answer to this objection is found in the 120th section of the Code, which provides that, " persons severally liable upon the same obligation...parties to bills of exchange and promissory notes, may, all Brainard agt. Jones and Provost. or any of them, be included in the same action, at the option... | |
 | District of Columbia - Law - 1857 - 788 pages
...court, one or more may sue or defend for the benefit of all. SEC. 15. Persons severally and immediately liable upon the same obligation or instrument, including...parties to bills of exchange and promissory notes, may all or any of them be included in the same action, at the option of the plaintiff. SEC. 16. No... | |
 | California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...abide the ultimate decision as to the party entitled to them. M'Devitt v. Sullivan, 7 Cal., Oct. T. 15. Persons severally liable upon the same obligation...in the same action, at the option of the plaintiff. 1. This section is in derogation of the old rule of common law, that one or all, and not any intermediate... | |
 | Kansas - Session laws - 1859 - 726 pages
...lit plaininstrument, including the parties to bills of exchange andpromis- iif> "J"4™sory notes, may all or any 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 a party, or by the transfer... | |
 | California - Civil procedure - 1860 - 388 pages
...cease to be " united in interest " in the meaning of those words. Butler v. Morris, 1 Bosworth, 329. 15. Persons severally liable upon the same obligation...in the same action, at the option of the plaintiff. 1. This section is in derogation of the old rale of common law, that one or all, and not any intermediate... | |
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Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of... 
