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" Where the action is against two or more defendants, and the summons is served on one or more, but not on all of them, the plaintiff may proceed as follows: 1. "
Session Laws - Side 7
av Washington (State) - 1871
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Laws of the State of New York, Volum 1

New York (State) - 1849 - 864 sider
...filing. Proceeding! § 136. Where the action is against two or more defendant!, Tre<!™vera?> an<J the summons is served on one or more, but not on all of them, defendants, the plaintiff may proceed as follows : "iyPierved. 1- If the action be against several...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 sider
...as it stands in the code. § 14. Section 115 is amended, so as to read as follows : § J 1 5. Where the action is against two or more defendants, and...may proceed as follows : 1. If the action be against several persons, jointly indebted upon a contract, he may proceed against the defendant served, in...
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The Code of Civil Procedure of the State of New York: Reported ..., Volum 2

New York (State). - 1850 - 920 sider
...such restitution may thereupon be compelled as the court directs. Amended Code, $ 135. § 632. Where the action is against two or more defendants, and...action be against the defendants jointly indebted upon an obligation, he may proceed against the defendants served, unless the court otherwise direct, and...
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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 - 1851 - 410 sider
...S. 188. $ 130. [115.] (Amended.) — Joint and several debtors. — Proceedings against. — Where the action is against two or more defendants, and...may proceed as follows: 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the...
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Practice Reports in the Supreme Court and Court of Appeals, Volum 5

Nathan Howard (Jr.) - 1851 - 530 sider
...overlooked by those who contend that a several judgment may be rendered on a joint contract. " § 136. Where the action is against two or more defendants, and...may proceed as follows: 1. If the action be against several persons jointly indebted upon a contract, he may proceed against the defendant served, in the...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 sider
...Proceed- § 136. Where the action is against two or more defendant<!, ings where s meie are anij fne summons is served on one or more, but not on all of wjif'ar? them, the plaintiff may proceed as follows: JJjJl "**" !• Jf the action be against defendants...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volum 1

California. Supreme Court - 1851 - 672 sider
...raised to this construction of the statute under the third subdivision of section 31. This declares that when the action is against two or more defendants, and the summons has been served on all, "judgment may be taken against any or " either of them severally, when the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 sider
...allows. § 136. [115.] (Amended 1849, 1851.) Joint and several debtors. Proceedings against. — Where the action is against two or more defendants, and...may proceed as follows : 1. If the action be against defendants jointly indebted upon contract, he may proceed against the defendant served,* unless the...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 900 sider
...to actions against joint debtors, are contained in sec. 136, to the following effect : § 136. Where the action is against two or more defendants, and...all of them, the plaintiff may proceed as follows : property of the defendants served, and, if they are subject to arrest, against the persons of the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 sider
...part. Proceeding! SEC. 32. Where the action is against two or more defendants, and wrred oUiT«™me" the summons is served on one or more, but not on all of them, the mly- plaintiff may proceed as follows: • a contract, he may proceed against the defendant served,...
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