 | United States. Supreme Court - Courts - 1969 - 1102 pages
...Courts as well found the old Rule 23 "A "true" class action could also be maintained to enforce a right "secondary in the sense that the owner of a primary...the class thereby becomes entitled to enforce it." Stockholders' derivative actions were the most significant type of suit within this group. They are... | |
 | United States. Congress. Senate. Committee on Commerce - 1970 - 1670 pages
...enforced for or against the members of the class is: (1) Common to all members of the class; or (2) Secondary, in the sense that the owner of a primary right refuses to enforce it, and a member of the class thereby becomes entitled to enforce the right." (Article 591) "One or... | |
 | United States. Congress. Senate. Judiciary - 1970 - 524 pages
...enforced for or against the members of the class is : ( 1 ) common to all members of the class ; or (2) secondary, in the sense that the owner of a primary right refuses to enforce it, and a member of the class thereby becomes entitled to enforce the right. [Note: Louisiana Code... | |
 | United States. Congress. Senate. Commerce - 1972 - 788 pages
...208.1(1 is inapplicable. The "right sought to be enforced" is neither "joint" nor "common" nor is it "secondary in the sense that the owner of a primary right refuses to enforce that right'. Subsection (1) of GCR (1963) 208.1 contemplates the tradition: "true" class action (1 Honigman & Hawkins... | |
 | Rainer Krause - Law - 1994 - 330 pages
...action' lag vor, wenn die geltend gemachten Rechte sich beschreiben ließen als „joint, or common, or secondary in the sense that the owner of a primary...member of the class thereby becomes entitled to enforce it"15. Waren die Rechte der Klassenmitglieder dagegen ,severaF, konnte nur noch eine Zwitter- (hybrid)... | |
 | Civil procedure - 1939 - 698 pages
...sought to be enforced for or against the class is "(1) joint, or common, or secondary in the ^ense that the owner of a primary right refuses to enforce that right and a member ?f the class thereby becomes entitled to enforce it ; -12.'•"*• "' ' * *"• " '• • * •-... | |
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... (1) joint, or common, or secondary in the sense that the owner of a primary right refuses to enforce that right and a member of the class thereby becomes entitled to enforce it... 