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" A defendant against whom an action is pending upon a contract, or for specific real or personal property, may, at any time before... "
Common law pleading. Code pleading. Federal procedure. Evidence - Page 90
by Albert Hutchinson Putney - 1908
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The Laws of Wisconsin, Volume 1

Wisconsin - 1883 - 484 pages
...application to the court to be made a party, it may order him to be brought in by the proper amendment. A defendant, against whom an action is pending, upon...contract, or for specific real or personal property, or for the conversion thereof, may, at any time before answer, upon affidavit that a person, not a...
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Laws of the State of Wisconsin, Volume 1

Wisconsin - 1883 - 480 pages
...application to the court to be made a party, it may order him to be brought • in by the proper amendment. A defendant, against whom an action is pending, .upon...contract, or for specific real or personal property, or for the conversion thereof, may, at any time before answer, upon affidavit that a person, not a...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 89

North Carolina. Supreme Court - 1884 - 708 pages
...or personal property, wherein a defendant may, at any time before answer and upon affidavit, suggest that a person, not a party to the action and without...against him a demand for the same debt or property, and have such person made a party in MCDONALD I>. MoiiRIS. substitution for himself. These are the...
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The Code of Civil Procedure of North Carolina: With Notes and Decisions to 1884

North Carolina, Walter Clark - 1884 - 550 pages
...application to the court to be made a party, it may order him to be brought in by the proper amendment. A defendant against whom an action is pending upon...contract or for specific real or personal property, upon proof by affidavit that a person not a party to the action makes a demand against him for the...
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Laws of the Territory of Utah Passed by the Legislative Assembly, Volume 26

Utah - 1884 - 666 pages
...ejectment, or an may be »ubstiaction tor specific personal property is pending, may, at any defendant, time before answer, upon affidavit that a person not a party to the action makes against him, and without any collusion with him, a demand upon such contract, or for such...
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The General Statutes of the State of Nevada: In Force, from 1861 to 1885 ...

Nevada - 1885 - 1332 pages
...associates. Martin v. District Court, First Judicial District. 13 Xev. 86. substitution. 362O. SEC. 598. A defendant against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person not a party to the...
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The American State Reports: Containing the Cases of General Value ..., Volume 9

Abraham Clark Freeman - 1889 - 990 pages
...pending upon a contract, or for specific real or personal property, or for the conversion thereof, may, at any time before answer, upon affidavit that...against him a demand for the same debt or property, .... apply to the court for an order to substitute such person in his place, and discharge him from...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 73

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1889 - 772 pages
...pending upon a contract, or for specific real or personal property, or for the conversion thereof, may, at any time before answer, upon affidavit that...the action, and without collusion with him, makes ayaintt him a demand fur the same debt or property, . . . apMcGrath vs. The Village of Bloomer. ply...
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The Code of civil procedure of the State of California

California - 1880 - 1122 pages
...675; 49 Cal. 203, 347; M Cal. 366. Survival— of cause of action : Ejectment, 50 Cal. BM. § 386. A defendant against whom an action is pending upon a contract, or for specific personal property, may, at any time before answer, upon affidavit that a person nota party to the action...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 128

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 - 1891 - 684 pages
...was invalid, or there was no abuse of discretion in rejecting it. Section 273, supra, provides that "A defendant against, whom an action is pending upon...without collusion with him, makes against him a demand Mansfield v. Shipp < i al. for the same debt or property, upon due notice to such person and the adverse...
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