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" In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper. "
Civil Procedure Reports: Containing Cases Under the Code of Civil Procedure ... - Page 490
1887
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A Treatise on the Law of Pleading Under the Code of Civil Procedure ...

Samuel Maxwell - 1892 - 932 pages
...which he may be entitled. In an action against several defendants the court may, in its discretion, render judgment against one or more of them, leaving...proceed against the others whenever a several judgment may be proper. The court may also dismiss the petition, with costs, in favor of one or more defendants,...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 15

South Dakota. Supreme Court - 1902 - 760 pages
...I . Under Comp. Laws, 5 5096, providing that in an action against several 'defendants the court may render judgment against one or more of them, leaving the action to proceed against the others, an action maj proceed against one of several co-defendants after a judgment. Merchants Nat. Bank v....
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The Northwestern Reporter, Volume 59

1894 - 1206 pages
...chapter reads as follows: "In an action against several defendants the court may in Its discretion, render judgment against one or more of them, leaving...the others, whenever a several judgment is proper." Even if it should be held that the former section is controlled by the latter, and that the court should...
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Annotated Statutes of the State of Indiana: Showing the General Statutes in ...

Indiana, Harrison Burns - 1894 - 1050 pages
...when joint or several. — 439. In a suit against several defendants, the court may, in its discretion render judgment against one or more of them, leaving...the others whenever a several judgment is proper. This section applies only to cases where the parties are severally liable. Rose c. Comstock, 17 Ind....
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The Code of civil procedure, and the Criminal statutes. Approved by the ...

South Carolina - 1894 - 670 pages
...which he may be entitled. 3. In an action against several defendants, the Court may, in its discretion, render judgment against one or more of them, leaving...proceed against the others, whenever a several judgment may be proper. 4. The Court may also dismiss the complaint with costs in favor of one or more defendants,...
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The Northwestern Reporter, Volume 58

1894 - 1288 pages
...which he may be entitled. In an action against several defendants, the court may, in its discretion, render Judgment against one or more of them, leaving the action to proceed against the others, when a several judgment may be proper. The court may also dismiss the petition with costs, in favor...
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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 800 pages
...continuance as to others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, if a several judgment be proper. (When sennit judgments not proper, sec. .W, nnd see. set*. -{63, 373.)...
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Civil and Criminal Codes of Practice of Kentucky: With Notes of Decisions of ...

Kentucky - 1895 - 796 pages
...continuance as to others. In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, if a several judgment be proper. (When several judgments not proper, sec. 80, and see sees. 363, 373.)...
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Reports of Cases Argued and Determined in Ohio Courts of Record ..., Volume 16

William John Tossell - 1906 - 870 pages
...8828 (RS 5312). Said section is as follows : "In an action against several defendants, the court may render judgment against one or more of them, leaving the action to proceed against the others." This of course assumes the obligation to be several. But this is a joint obligation; therefore when...
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Reports of Cases Heard and Determined in the Appellate Division ..., Volume 111

New York (State). Supreme Court. Appellate Division - 1906 - 1080 pages
...Procedure, which provided that "in an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving...proceed against the others, whenever a several judgment may be proper." Substantially the same provision has been carried into section 1205 of the Code of...
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