In case of the death of one of two or more plaintiffs, or one of two or more defendants, if the entire cause of action survives to or against the others, the action may proceed in favor of or against the survivors. The New York Supplement - Página 2601890Vista completa - Acerca de este libro
| Wisconsin - 1935 - 1308 páginas
...action to be continued by or against his representatives or successor in interest. distinct causes of action survives to or against the others the action may proceed without bringing in the successor to the rights or liabilities of the deceased party, and the judgment... | |
| New York (State) - 1876 - 398 páginas
...action to be continued, by Tives' or against his representative, or successor in interest. § 758. In case of the death of one of two or more plaintiffs, or one id.; when of two or more defendants, if the entire cause of action survives to or eraipwtui against... | |
| New York (State), William Wait - 1877 - 662 páginas
...where head, 15 Alb. LJ 125; Sisley v. one of them dies. Brown, 14 id. 359; Wood v. Fide, 63 § 759. In case of the death of one of two or more plaintiffs, or id.; when one of two or more defendants, if part only of the cause of action, J?aiise°or . J ' action... | |
| New York (State) - 1877 - 666 páginas
...death." (169.) Section seven hundred and fifty-eight, so that it will read as Sec. 758. follows : § 758. In case of the death of one of two or more plaintiffs, or where one one of two or more defendants, if the entire cause of action survives plrties™11 to or... | |
| 1879 - 456 páginas
...in interest. Tive*. § 758. In case of the death of one of two or more plaintiffs, or one M. ; when of two or more defendants, if the entire cause of action survives to or J against the others, the action may proceed in favor of or against the ci survivors. But the estate... | |
| New York (State) - 1879 - 436 páginas
...be continued, by or against action surhis representative, or successor in interest. Tlves' § 753. In case of the death of one of two or more plaintiffs, or one id. ; when of two or more defendants, if the entire cause of action survives to or ""ai^. •gainst... | |
| 1903 - 1250 páginas
...this contention te clearly untenable. Section 4884, Сотр. Laws Dak. 1887, provides that, where one of two or more plaintiffs or one of two or more defendants In an action dies, the action may proceed without bringing in the person who has succeeded to the rights... | |
| New York (State) - 1881 - 1532 páginas
...his interests will be promoted thereby. .' 1588. Proceedings on death of parties. — If, upon tin; death of one of two or more plaintiffs, or one of two or more defendants, iu tin action for partition, tli3 interest of the decedent iu the property passed to a. person, not... | |
| New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1884 - 798 páginas
...his representative, or successor in interest." Other succeeding sections ( §§ 758, 759 ) reach the case of the death of one of two or more plaintiffs or one of two or more defendants ; and then follows a general provision applicable to all the cases which precede it. ( § 760.) That... | |
| 1887 - 814 páginas
...personal properly sufficient to pay it, and that his interests will be promoted thereby. § 1588. If, upon the death of one of two or more plaintiffs, or one of two or more defendants, in an action for partition, the internst of the decedent in the property passed to a person, not a... | |
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