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" In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper. "
The New York Supplement - Página 10
1889
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 páginas
...Bard, 1 Abbott, 63. 146. In an action against several defendants, the court may, in its diseretion, render judgment against one or more of them, leaving...proceed against the others, whenever a several judgment is proper. 1. It must appear to the court that a several judgment would be proper. Steam v. Aguim,...
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volumen11

Wisconsin. Supreme Court, Philip Loring Spooner, Abram Daniel Smith, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - 1861 - 604 páginas
...until it is properly served upon the opposite party. Spaulding t-«. Mil. & Bar. It. R. Co. 167 6. In an action against several defendants, the court may, in its discretion, render judgment of discontinuance in favor of one or more of them, leaving tho action to proceed against the others,...
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Session Laws

North Dakota - 1862 - 640 páginas
...affirmative relief to which he may be entitled. In an action against several defendants, the court may, at its discretion, render judgment against one or more...others, whenever a several judgment may be proper. The court may also dismiss the petition with costs, in favor of one or more defendants, in case of...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volumen17

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 - 1862 - 754 páginas
...them, resulted. Ibid. 3. This case does not come within § 369, 2 RS 1852, p. 121, which provides that the Court may, in its discretion, render judgment against one or more defendants, leaving the action to proceed against the others, whenever a several judgment is proper...
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Practice Reports in the Supreme Court and Court of Appeals, Volumen25

Nathan Howard (Jr.) - 1863 - 606 páginas
...and preserve the action in full vigor against the other two ; for section 274 of the Code provides that " in an action against several defendants, the...others, whenever a several judgment may be proper." It would appear, therefore, to be in the discretion of the court, and not at the election of the plaintiff,...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volumen2

Henry Whittaker - 1863 - 1154 páginas
...between themselves, and it may grant to the defendant any affirmative relief to which he may be entitled. In an action against several defendants, the court...others, whenever a several judgment may be proper. The court may also dismiss the complaint with costs, in favor of one or more defendants, in case of...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volumen5

New York (State) - 1863 - 1026 páginas
...Hate of damages where damagefl recoverable. .lodgment fr. action for recovorj of personal property. jn an action against several defendants, the court may,...others, whenever a several judgment may be proper. The court may also dismiss the complaint -with costs, in favor of one or more defendants, in case of...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 756 páginas
...party and action proceed as to others. In an action against several defendants, the Court may, in ite discretion, render judgment against one or more of...proceed against the others, whenever a several judgment is proper. NY Code, § 274. § 147. The relief to be awarded to the plaintiff '. The relief granted...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volumen16

Austin Abbott - 1864 - 602 páginas
...and preserve the action in full vigor against the other two ; for section 274 of the Code provides that "in an action against several defendants, the...others, whenever a several judgment may be proper." It would appear, therefore, to be in the discretion of the court, and not at the election of the plaintiff,...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 páginas
...themselves. (2.) And it may grant to the defendant any affirmative relief to which he may be entitled. (8.) In an action against several defendants, the court...others, whenever a several judgment may be proper. (4.) The court may also dismiss the complaint, with costs in favor of one or more defendants, in case...
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