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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... "
Hunt's Merchants' Magazine and Commercial Review - Page 63
edited by - 1849
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...court, US, for suits in equity. § 100. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action, at the option of the plaintiff. Conformable to the present statute authorizing suits ngainst the different parties to bills of exchange...
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Merchants' Magazine and Commercial Review, Volume 21

Commerce - 1849 - 716 pages
...defendants ; but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made defendant, the reason therefor being stated in...at the option of the plaintiff; and where severally hable, an executor or administrator, or other person liable in a representative character, may be joined...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...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 the plaintiff. Amended Code. § 120, amended. § 612. An action does not abate by the death, marriage or other disability...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...the benefit of the whole. "S. 120. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action, at the option of the plaintiff. " S. 121. No action shall abate by the death, marriage or other disability of a party, or by the transfer...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...Parties to bills and notes, Sfc. — Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action, at the option of the plaintiff. See section 304 of this code as the effect of bringing several actions on one bond, recognizance, promissory...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...position. Section 15 says: "Persons severally liable " upon the same obligation or instrument, including parties to " bills of exchange and promissory notes,...the same action, at the option of the " plaintiff." Full effect may be given to all parts of this section without resorting to the construction given by...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - Civil procedure - 1851 - 266 pages
...the whole. §120. Persons severally liable upon the same obligation piaimiir may su or instrument, including the parties to bills of exchange ««£«...promissory notes may, all or any of them, be included JSUJ",. in the same action, at the option of the plaintiff. cai paper & 121. No action shall abate...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...instrument, including the parties to bills of exchange and promissory notes, all or any of such parties may be included in the same action, at the option of the plaintiff. If, however, he bring separate actions, he does so at the risk of being only allowed one set of costs,...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...Parties to oiUs and notes, <&c. — Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, may all • any of them, be included in the same action, at the option of the plaintiff. ; Although the several...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...bills of exchange and promissory one action, 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 the plaintiff. SEC. 16. An action shall not abate by the death, or other disability Transfer of of a party; or by...
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