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 - Page 7by Washington (State) - 1871Full view - About this book
| New York (State) - Session laws - 1849 - 864 pages
...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... | |
| New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...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... | |
| New York (State). - Civil procedure - 1850 - 920 pages
...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... | |
| New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...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... | |
| Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...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... | |
| New York (State). - Civil procedure - 1851 - 266 pages
...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... | |
| California. Supreme Court - Law reports, digests, etc - 1851 - 672 pages
...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... | |
| New York (State) - Civil procedure - 1852 - 606 pages
...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... | |
| Henry Whittaker - Civil procedure - 1852 - 900 pages
...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... | |
| California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...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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