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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: As Adopted in 1872 ...

California - Civil procedure - 1876 - 867 pages
...Cal. 145; 27 Cal. SO 44 id. 392. $ 383. ( 15.) Persons severally liable upon the same ob_ ligation or instrument, including the parties to bills of exchange...in the same action, at the option of the plaintiff, Videjxwf, 414; also, 578. 6 Cal. 176; 25 Cal. 520; 29 Cal. 429; 48 Cal. 236. See section 413. $...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 1861 pages
...of all. 10.383. Plaintiff may sue in one action the different parlies to commercial paper. SEC. 383. — When one or inore may sue or defend for all. SEC....interest must be joined as plaintiffs or defendants; but uny of them be included in the sanie action, at the option of the plaintiff. 10,384. Tenants in common,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 44

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1872
...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" (Code, $ 120). 346 NEW YORK PRACTICE REPORTS. i Cridler agt. Curry. received in its ordinary sense,...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...instrument, of which the ordinary form is as follows : " Persons severally [and immediately, Indiana] 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." 2 272. The...
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Remedies and Remedial Rights by the Civil Action, According to the Reformed ...

John Norton Pomeroy - Actions and defenses - 1876 - 844 pages
...the parties to bills of .cYmge and promissory notes [and indorsers and guarantors, Kona!>~\, may all or any of them be included in the same action at the option of the plaintiff."1 The corresponding provision in some of the States is much more full, and more explicitly...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1877
...to bring them all before the court, one or more may sue or defend for the benefit of all. SEC. 20. Persons severally liable upon the same obligation...the same action at the option of the plaintiff. SEC. 21. All persons holding as tenants in common, joint tenants, or coparceners, or any number less than...
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volume 4

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890
...the same suit upon the note. Our civil practice act ( Comp. Laws, 1876, p. 1403, sec. 1240), says: "Persons severally liable upon the same obligation...exchange and promissory notes, and sureties on the sam' or separate instruments, may all, or any of them, be included in the same action, at the option...
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The N.Y. Weekly Digest of Cases Decided in the U.S. Supreme ..., Volume 3

Law reports, digests, etc - 1877
...That under 120 of the Code, persons severally liable upon the same obligation or instrument, etc., may, all or any of them, be included in the same action at the option of plaintiff, and that this action would lie. 23 NY, 28. Held also, That the guaranty of the surety...
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Estee's Pleadings, Practice and Forms: In Actions Both Legal and ..., Volume 1

Morris March Estee - Civil procedure - 1878
...action: Lucas y. Payne, 7 Cal. 92; Shaver v. Brainard, 29 Barb. 25. DIFFERENT PARTIES IN ONE ACTION. 235. Persons severally liable upon the same obligation...exchange and promissory notes, and sureties on the same and separate instruments, 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 North Carolina with Notes and Decisions

North Carolina - 1878 - 437 pages
...answer at the same time. Vou Qlahn B. DeRossett, 70 — 392. c { 63.— Partte* to bill* and note*, *c. Persons severally liable upon the same obligation...instrument, including the parties to bills of exchange and c The principle of this case has been much questioned at the bar. The decision Is put by Pearson CJ,...
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