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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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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - Law - 1870 - 162 pages
...be joSedThot° *n 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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Treatise on the Civil and Criminal Jurisdiction of Justices of the Peace and ...

Charles W. Langdon - Constables - 1870 - 858 pages
...those 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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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - Law - 1870 - 808 pages
...are . . J 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 beinj staged in the £«titicu ; «.ud when the question is one of s» common or...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...those who are united in interest must be joined us 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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Reports of Selected Civil and Criminal Cases Decided in the Court ..., Volume 7

Kentucky. Court of Appeals - Law reports, digests, etc - 1871 - 880 pages
...deem it necessary to decide. The Civil Code of Practice, section 36, provides that " of the parties to the action those who are united in interest must be joined as plaintiffs or defendants;" and there can be no doubt that in equitable actions for the settlement of estates several distributees...
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The Code of Civil Procedure: Of the State of California, Part 3

California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...removing: a cloud thereon. Parties in interest, when to be joined. 382. (§ 14.) 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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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - Civil procedure - 1872 - 774 pages
...[coparceners] (?) or in severally, may unite in an action against, etc. $ 38Я. ($ 14.) 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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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1872 - 892 pages
...Sec Coke's Litt., p. Ill"; De Johnson vs. Sepulbeda, 5 Cal., p. 151. 382. (§ 14.) Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; hut if the consent of any one wlio should have been joined as plaintiff cannot be obtained, he may...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872 - 950 pages
...rule. a. When one of several plaintiffs refuses to sue. To the general rule that of the parties to the action, those who are united in interest must be joined, as plaintiffs or defendants, the Code makes several exceptions. It provides that, if the consent of any one who should have been...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 80

United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...119th section enacts that those united in interest must be joined as plaintiffs or defendants, unless the consent of one who should have been joined as plaintiff cannot be obtained, when he may be made a defendant. The 113th section we have already quoted. That, as we have seen, enables...
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