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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 Civil Procedure of the State of California: Adopted March 11 ...

California - Civil procedure - 1915 - 1319 pages
...March 11. 1872, in the exact language of Practice Act, I 13 (New York Code. 1-0), and thon read: "Persons severally liable upon the same obligation...bills of exchange and promissory notes, and sureties cm the game or separate instruments, may all or any of them be included in the same action, at the...
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The Pacific Reporter, Volume 157

Law reports, digests, etc - 1916
...instrument, including the parties to bills of exchange and promissory notes, and indorse™ and guarantors, may all or any of them be included in the same action, at the option ol Under this section of our Code It Is optional with the plaintiff as to which one ot the parties...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 33

North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1917
...the same debt or demand, although upon different obligations or instruments, may all, or one or more of them, be included in the same action at the option of the plaintiff," but here we have no common claim or demand. The claim, in short, against the bondsmen of each of the...
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A Treatise on the Law of Pleading and Practice: Under the Procedural Codes ...

James Manford Kerr - Civil procedure - 1919 - 2014 pages
...SEVERALLY BOUND ON SAME OBLIGATION OR INSTRUMENT. Under the provisions of the California procedural code persons severally liable upon the same obligation...included in the same action, at the option of the plaiatiff ; and all or any of them join as plaintiffs in the same action, concerning or affecting the...
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Carroll's Civil and Criminal Codes of Practice of Kentucky: With Notes of ...

Kentucky - Civil procedure - 1919 - 1152 pages
...to promissory notes placed upon, the footing of bills of exchange, or to common orders and checks, and sureties on the same or separate instruments, may all or any of them, or the representatives of such as may have died, be included in the same action at the plaintiff's...
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Reports of cases determined in the district courts, Volume 45

1922
...given a liberal construction so as to include the indorser Calkins. The language of said section is: "Persons severally liable upon the same obligation...in the same action at the option of the plaintiff." If the liability of the indorser and the guarantor is substantially the same, there would seem to be...
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A Treatise on Pleading and Practice in Courts of Record in Civil ..., Volume 1

Arthur B. Honnold - Civil procedure - 1922
...defendants in an action for a breach of the condition of the bond.48 428. Defendants severally liable "Persons severally liable upon the same obligation...parties to bills of exchange and promissory notes, and indorsers and guarantors, may all or any of them be included in the same action, at the option of the...
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The Code of Civil Procedure of the State of California in Four Parts

California - Civil procedure - 1923 - 574 pages
...PLAINTIFF MAY SUE IN ONE ACTION THE DIFFERENT PARTIES TO COMMERCIAL PAPER IOR INSURANCE POLICIES.! Hy have ten days thereafter in which to answer or...pleading. A demurrer is not waived by filing an answer at and all or any of them join as plaintiffs in the same action, concerning or affecting the obligations...
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The Code of Civil Procedure of the State of California in Four Parts ...

California - Civil procedure - 1923 - 574 pages
...impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all. 383. Persons severally liable upon the same obligation...in the same action, at the option of the plaintiff; and all or any of them join as plaintiffs in the same action, concerning or affecting the obligation...
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The Pacific Reporter, Volume 211

Law reports, digests, etc - 1923
...payment of the obligation. [1] Section 4694, Revised Laws 1910, provides : "Persons severally liable on the same obligation or instrument, including the parties to bills of exchange and promissory notes, and indorsers and guarantors, may all or any of them be included in the ваше action, at toe option...
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