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" ... shall be heard and determined as in other cases ; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives... "
Rules of the Supreme Court of the United States: And Rules of Practice for ... - Page 393
by United States. Supreme Court - 1874 - 135 pages
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 6; Volume 19

United States. Supreme Court - 1821 - 716 pages
...thereupon the cause shall be heard and determined, as in other cases ; and if such representatives shall b not voluntarily become parties, then the other party...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed ; and if the party so moving shall...
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Niles' National Register, Volume 20

1821 - 438 pages
...other party may suggest the death on the record, and obtain an order that, unless such representative! shall become parties within the first ten days of...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be...
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 6; Volume 19

United States. Supreme Court - 1821 - 726 pages
...oHbe case, may voluntarily come in and be admitted panics to the suitr and thereupon the cause shall be heard and determined, as in other cases ; and if such representatives shall b not voluntarily become parties,- then the other party may suggest the death on the record ; and thereupon,...
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Rules and Orders of the Courts of the State of Maine and of the Courts of ...

Maine. Courts - 1834 - 100 pages
...case, may voluntarily come in and be admitted parties to the suit ; — and thereupon the cause shall be heard and determined as in other cases ; and if...death on the record, and thereupon on motion obtain an or50 der that unless such representatives shall become parties within the first ten days of the ensuing...
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A Digest of the Laws of the United States: Including an Abstract of the ...

Thomas Francis Gordon - 1837 - 886 pages
...the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall beak a scroll, inscribed with this motto, " E phiribus unum" For the CBEST : upon the record; and thereupon, on motion, obtain an order, that unless such representatives shall...
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A Summary of Practice in Instance, Revenue and Prize Causes: In the ...

Samuel Rossiter Betts - 1838 - 236 pages
...may suggest the death on the record, and have an order, on motion, that unless the representatives become parties within the first ten days of the ensuing term, the respondent may have the appeal dismissed, or that the appellant may proceed exparte. The order must...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 42

United States. Supreme Court - 1843 - 460 pages
...the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases; and if...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be...
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A Treatise on the Practice of Courts of Admiralty in Civil Causes of ...

Andrew Dunlap - 1850 - 608 pages
...the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases ; and if...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed ; and if the party so moving shall...
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The American Admiralty, Its Jurisdiction and Practice: With Practical Forms ...

Erastus Cornelius Benedict - 1850 - 694 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, upon motion, obtain an order, that unless such representatives...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed ; and if the party so moving shall...
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Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1

George Ticknor Curtis - 1854 - 674 pages
...the case, may voluntarily come in and be admitted parties to the suit, and thereupon the cause shall be heard and determined as in other cases; and if...party moving for such order, if defendant in error, shall be entitled to have the writ of error or appeal dismissed ; and if the party so moving shall...
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