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" Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being... "
The Northeastern Reporter - Page 153
1891
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...a complete determination or settlement of the question involved therein. SEC. 43. Of the parties to the action, those who are united in interest must...if the consent of one who should have been joined a plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the petition....
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - Session laws - 1859 - 464 pages
...involved therein. Panics uaited 35. Of the parties to the action, those who are united be joined.' maat in interest must be joined, as plaintiffs or defendants;...consent of one who should have been joined as plaintiff, can not be obtained, he may be made a defendant, the reason being stated in the petition. when one...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 pages
...who are united in interest shall be joined as plaintiffs, or defendants ; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint ; and when the question is one of a common or general...
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Session Laws

North Dakota - Session laws - 1862 - 640 pages
...parties united SECT. 33. Of the parties to the action, those who are in interest must " be joined. united in interest must be joined, as plaintiffs or...plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the petition. when parties SECT. 34. When the question is one of a common'or...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 22

Nathan Howard (Jr.) - Civil procedure - 1862 - 586 pages
...purpose, with equal, if not more propriety, refer us to sec. 119, which says : " Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants." But it is plain to me that these sections were not intended to contravene the rules of the common law to...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - Civil procedure - 1864 - 320 pages
...1849.) Who to be defendan*. s 119. [99.] (Am'd 1849.) Parties to be joined, &c. Of the parties to the action, those who are united in interest must...as plaintiffs or defendants ; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the...
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 4

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864 - 810 pages
...Supreme Ct., 1856, Hubbard u. Eames, 22 Sari., 597.. 548. Co-parties. Representation. Of the parties to the action, those who are united in interest must...plaintiffs or defendants ; but. if the consent of any one who should have been joined as plaintiff, cannot be obtained, lie may be made a defendant,...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864 - 762 pages
...who are united in interest shall be joined as plaintiffs, or defendants; but if the consent of any one, who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint; and when the question is one of a common or general...
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Laws of the Territory of Idaho

Idaho - Law - 1864 - 734 pages
...who are united in interest shall be joined as plaintiffs, or defendants; but if the consent of any one, who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being stated in the complaint', and when the question is one of a common or general...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866 - 792 pages
...who are united in interest shall be joined as plaintiffs or defendants ; but if the consent of any one who should have been joined as plaintiff cannot be obtained, he may be made a defendant ; the reason thereof being stated in the complaint; and when the question is one of common or general...
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