 | North Dakota - Session laws - 1862 - 640 pages
...obligation wlkm 'na*m° or instrument, including the 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. atetobndeltb°t SECT. 36. An action does not abate by the death, marriage, marriage, &c. ' or other... | |
 | New York (State) - Law - 1863 - 1026 pages
...How. PR, 319; 17 How. P. R, 78; 8 How. P. R, 618; 13 Ab., 123, 146; 10 Ab., 233; 2 Ab., 453. § 120. 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. 23 NT, 287;... | |
 | California - Bankruptcy - 1863 - 774 pages
...the same obligation or instrument, including the 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 joint action lies against a lessor and a surety, who is a party to the lease and therein guaranties... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1863 - 732 pages
...common law has been changed by § 120 of the code, which declares that persons severally liable on the same obligation or instrument, including the 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 plain tiff. In Brainard... | |
 | Idaho (Ter.) - Law - 1864 - 762 pages
...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...promissory notes, and sureties on the same or separate iustrnments, may all, or any of them, be included in the same action, at the option of the plaintiff'.... | |
 | Idaho - Law - 1864 - 734 pages
...and it is impracticable to bring them all into court, one or more may sue or defend for the oenefit of all. SEC. 15. Persons severally liable upon the...instruments, may all, or any of them, be included ill the same action, at the option of the plaintiff. SEC. 16. An action shall not abate by the death,... | |
 | Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...the same obligation or instrument, including tlie 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. Code of Pro., §120. 557. That this applies only to written obligations. Supreme Ct., 1853, Spencer... | |
 | Idaho, Idaho Territory - Law - 1866 - 534 pages
...many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit...same action, at the option of the plaintiff. SEC. 1(3. An action shall not abate by the death, or other disability of the party, or by the transfer of... | |
 | New York (State) - 1867 - 1086 pages
...making the sale (Manning v. Monaghan, 23 NT 539) f § 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. f. Although... | |
 | John Townshend - Court rules - 1867 - 298 pages
...the same obligation or instrument, including the parties to bi Is of exchange and promissory notes, may all, or any of them, be included in the same action, at the opt. on of the plaiutiff. § 121. [101.] (Am'd 1849, 1857, 1862.) Existing suits. Action when not to... | |
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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... 
