 | New York (State). Courts, Nathan Howard (Jr.), Rowland M. Stover - 1886 - 690 pages
...depends upon the construction to be given to section 448 of the Code of Procedure, which provides that " of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants. * * * And where the question is one of a common or general interest of many persons, or where the persons... | |
 | 1886 - 940 pages
...parties to a joint contract must all be made defendants. "Of the parties to the action," the Code says, "those who are united in interest must be joined as plaintiffs or defendants." Section 382, Code Civil Proc. The plaintiff had the right to bring his action on the joint obligation... | |
 | 1922 - 1202 pages
...same purpose. We have changed the rule somewhat by our Code provision, % 24, which reads: "Parties who are united in interest must be joined as plaintiffs or defendants; but if the consent of one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason being... | |
 | 1910 - 1384 pages
...(Mass.) 403 ; Daniel v. Daniel, 9 B. Mon. 195. By our Code (Kirby's Dig. § C007) it is provided that: "Of the parties to the action, those who are united in interest must be joined as plaintiffs ; but when for any cause it may be necessary for the purpose of Justice, a person who should have been... | |
 | 1888 - 1040 pages
...then by answer, or the objection will be waived; but there are exceptions. The Code provides that, "of the parties to the action those who are united...may be made a defendant, the reason thereof being staled in the complaint," (section 382, Code Civil Proc.;) and "the court may determine any controversy... | |
 | Indiana - 1888 - 1024 pages
...Fitzgerald v. Gray, 59 Ind. 254. 269. Joint interest — When one may sue for all. 21. Of the parties in the action, those who are united in interest must...of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint,... | |
 | Arkansas. Supreme Court - 1916 - 660 pages
...but should have joined his partner, Giles, in the complaint. Section 6007 of Kirby's Digest provides, "Of the parties to the action. those who are united...interest must be joined as plain'tiffs or defendants; but when, for any cause, it may be necessary for the purpose of justice, a person who should have been... | |
 | 1908 - 1288 pages
...copartner as defendant, and refers to section 448 of the Code of Civil Procedure, which provides : "Of the parties to the action, those who are united...Interest must be Joined as plaintiffs or defendants, except as otherwise expressly prescribed In this act. But If the consent of any one, who ought to be... | |
 | 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 - 1888 - 680 pages
...code it is enThe Home Insurance Company r'. Gilman, Executor, et al. acted that " Of the parties in the action, those who are united in interest must be joined as plaintiffs or defendants," etc. Section 568 provides that judgment may be given for or against one or more of several plaintiffs,... | |
 | 1888 - 622 pages
...at law thereon alone. Same — Same — Same — Code. — Code Ore. \ 381, which provides that -- if the consent of any one who should have been joined as plaintiff can not be obtained he may be made a defendant, the reason thereof being stated in the complaint,"... | |
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Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one,' who should have been joined as plaintiff, cannot be obtained, he may be made a defendant, the reason thereof being... 
