 | Samuel Maxwell - 1892 - 932 pages
...New York contained this provision: " Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...included in the same action, at the option of the plaintiff."1 The rule in regard to the joinder of defendants in equity may be stated thus: When a right... | |
 | Colorado. Court of Appeals - 1897 - 654 pages
...the code provides that persons jointly or severally liable upon the same obligation or instrument, may all or any of them be included in the same action, at the option of the plaintiff. This provision applies to actions on appeal bonds. Lux v. McLeod, 19 Colo. 405. The suit was therefore... | |
 | 1905 - 1266 pages
...state a •muse of action. 2. Persons severally liable upon the same promissory note may all or any o£ them be included in the same action, at the option of the plaintiff. Section 44 of the Code of Civil Procedure. (Syllabus by the Court.) Commissioners' Opinion. Error to... | |
 | Edward Wilcox Hinton - 1906 - 878 pages
...of Civil Procedure provides that "persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action at the option of the plaintiff." This is a literal copy of section 120 of the Code of New York, as it existed prior to 1876, and has... | |
 | California - 1906 - 1130 pages
...parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff; and all or any of them join as plaintiffs in the same action, concerning or affecting the obligation or... | |
 | North Carolina - 1908 - 1482 pages
...Persons severally liable, suit against. Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory...in the same action at the option of the plaintiff. Code, s. 186; CCP, s. 63. Where suit is brought against part of sureties on two official bonds; allowable:... | |
 | 1908 - 1158 pages
...upon the ground that section 13 of the Code provided that persons jointly or severally liable upon promissory notes may all or any of them be included in the action at the option of the plaintiff, and that, as the plaintiff did not see fit to make Cooper a... | |
 | Nebraska - 1909 - 1386 pages
...the same action at the option of the plaintiff. Palmer v. McFarlane, 73 Neb. 178; 102 NW 256. eluding the parties to bills of exchange and promissory notes,...in the same action, at the option of the plaintiff. Hfstorj^-LawB 1866, ft. S., p. 399, Tit IIL sec. 44. 1. The maker and guarantor of a note are not liable... | |
 | California - 1909 - 2106 pages
...parties to bills of exchange and promissory notes, and sureties on the same or separate Instruments, may all or any of them be included in the same action, at the option of the plaintiff; and all or any of them join as plaintiffs in the same action, concernins or affecting the obligation or... | |
 | Kansas - 1909 - 758 pages
...instrument, including the parties to bills of exchange and promissory notes, and indorsers and guarantors, may all or any of them be included in the same action, at the option of the plaintiff. SEC. 39. An action does not abate by the death or other disability of a party, or by the transfer of... | |
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Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of... 
