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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 Code of Procedure of the State of New York: As Amended April 16, 1852 ... - Page 92
by New York (State) - 1852 - 590 pages
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 pages
...SEC. 14. Of the parties to the actirn, those who are united in interest shall be joined as plaintiffs or defendants; but if the consent of any one, who...cannot be obtained, he may be made a defendant, the Injury to child. joined. Defendant. Parties who to be joined. reason thei-eof being stated in the complaint...
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Parties to Mortgage Foreclosures and Their Rights and Liabilities in ...

Charles Hastings Wiltsie - 1885 - 364 pages
...in statutory foreclosures.2 defendant, the reason therefor being stated in the complaint. And where the question is one of a common or general interest of many persons; or where the persons, who might he made parties, are very numerous, and it may be impracticable to bring...
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Rust's New York Code of Civil Procedure 1885

New York (State), Charles David Rust - 1885 - 814 pages
...otherwise expressiv preserihed in this act. But if the consent of any one, who ought to be joined ¡is a plaintiff, cannot be obtained, he may be made a defendant, the reason therefor being stated in the complaint. And where the (juestion is one of ¡i common or general interest,...
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The Northwestern Reporter, Volume 28

1886 - 1058 pages
...those who are united in interest must be joined as plaintiffs or defendants; but if the consent of one who should have been joined as plaintiff cannot...be obtained, he may be made a defendant, the reason being stated in the petition." By. these sections, and by others to which we need not now refer, it...
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Reports of Cases in the Supreme Court of Nebraska, Volume 19

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1886 - 802 pages
...those who are united in interest must be joined as plaintiffs or defendants, but if the consent of one who should have been joined as plaintiff cannot...be obtained he may be made a defendant, the reason being stated in the petition." By these sections and others to which we need not now refer it is evident...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 58

California. Supreme Court - 1886 - 764 pages
...estate or interest therein for the purpose of determining such adverse claim. (Code Civ. Proc., § 381.) "And when the question is one of a common or general interest of May, 1881.] CAKEY t,. BBOWW. 18S many persons, or when the parties are numerous, and it it impracticable...
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Howard's Practice Reports: Containing Cases Under the Code of ..., Volume 2

New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 pages
...otherwise expressly prescribed in this act. But if the consent of any one who ought to be joined as a plaintiff cannot be obtained, he may be made a defendant, the reason therefor being stated in the complaint. And where the question is one of a com* mon or general interest...
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Estee's Pleadings, Practice, and Forms: Adapted to Actions and ..., Volume 1

Morris March Estee - 1886 - 728 pages
...3 and " 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 joined as plaintiff can not be obtained, he may be made a defendant;"* and persons severally liable...
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The American Decisions: Containing All the Cases of General Value ..., Volume 81

1887 - 888 pages
...Metcalfe had a right to maintain the action under section 37 of the code, which declares that " where the question is one of a common or general interest of many persons, or where the parties are numerous and it is impracticable to bring them all before the court within a...
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The Southwestern Reporter, Volume 238

1922 - 1202 pages
...united in interest must be joined as plaintiffs or defendants; but if the consent of one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason being stated in the petition." Manifestly the plaintiff, Mary P. Shelby and her sister, Florence Shelby,...
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