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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... "
Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ... - Page 45
by Montana (Ter.) - 1866
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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 - 590 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...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 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,...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 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...
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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 - 798 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...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volume 8

John Duer, New York (State). Superior Court (New York) - Law reports, digests, etc - 1855
...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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 11

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1856
...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...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 699 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...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 302 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...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859
...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...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1860 - 368 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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