 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...  New York Field Codes 1850-1865 - Page 249by New York (State). Commissioners of the Code, David Dudley Field - 1998 - 887 lehteLimited preview - About this book
 | Montana (Ter.) - 1866 - 792 lehte
...question involved therein. SEC. 14. Of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants ; but if the...in the complaint; and when the question is one of common or general interest of many persons, or when the parties are numerous, and it is impract(ic)able... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1868 - 622 lehte
...the case. The question of parties is the only one argued. The code provides that " of the parties in the action, those who are united in interest must...as plaintiff cannot be obtained, he may be made a defendVOL. XXVHL— 12 Blair v. The Shelby Co. Agricultural & Joint Stock Association and Others. ant,... | |
 | Austin Abbott - 1868 - 618 lehte
...He may, for the same purpose, with equal if not more propriety, refer us to § 1.19, which says : " Of the parties to the action, those who are united...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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 lehte
...sue. Section 119 has, I think, no bearing upon the question in this ease. That provides that those united in interest must be joined as Plaintiffs, or...Defendants ; but if the consent of any one who should have joined as Plaintiff cannot be obtained, he may be made a Defendant, the reason thereof being stated... | |
 | Austin Abbott - 1869 - 600 lehte
...sue. Section 119 has, I think, no bearing upon the question in this case. That provides that those united in interest must be joined as plaintiffs or...defendants ; but if the consent of any one who should have joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | 1870 - 378 lehte
...plaintiff or defendant, as the case may require, to any such action. i % 119. (Being § 99 of 1848.) Of the parties to the action, those who are united...the reason thereof being stated in the complaint. (Am'd in 1849.) § 119. (As am'd in 1849.) Of the parties to the action, those who are united in interest... | |
 | Wyoming - 1870 - 808 lehte
...involved therein. SEC. 42. Of the parties to the action, those who are . . J united in interest shall be joined as plaintiffs or defendants ; but if the...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 jjcmrs.1 interest... | |
 | 1892 - 554 lehte
...action must be prosecuted in the name of the real party in interest," and the further section, that "of the parties to the action, those who are united...defendants, but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | Kentucky. Court of Appeals - 1871 - 880 lehte
...the only one we deem it necessary to decide. The Civil Code of Practice, section 36, provides that " of the parties to the action those who are united...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... | |
 | William Wait - 1872 - 950 lehte
...Exceptions to general 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...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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