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" In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the... "
The California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 16
by California, Henry Jacob Labatt - 1860 - 368 pages
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New York Bar - Civil procedure - 1851 - 394 pages
...supplemental complaint, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1852
...transfer of any interest therein;" and secondly, that in case of such transfer, " the action shall be continued in the name of the original party; or,...allow the person to whom the transfer is made, to be substi uted in the action. It is optional, therefore, with the court to allow or not, the retirement...
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Reports of Decisions on the Code of Procedure, New Series, Volume 1

Civil procedure - 1852
...remedy it provides is a new action or suit. Where the cause of action is transferred pending the suit, the action may be continued in the name of the original party, or the court may allow the assignee to be substituted in his place. (Code, 121.) For the purposes of this proceeding, the action...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 6

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1852
...be continued in the name of the original party. This is imperative and allows no change: but it adds the court may allow the person to whom the transfer is made, to be substituted. This last is permissive only, and gives a discretion to tiie court which is intended to be exercised...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Injunctions - 1852
...supplemental complaint, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action is to bo continued in the name of the original party, or the court may allow the person to whom the...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 869 pages
...supplemental complaint, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be contined in the name of the original party ; or the court may allow the person to whom the...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - Civil procedure - 1852 - 590 pages
...supplemental complaint, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the person to whom the...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - Law - 1853 - 1071 pages
...court on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest,...transfer is made to be substituted in the action. SEC. 17. The court may determine any controversy between parties ^™^J^J before it, when it can be...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853
...presentative or successor iu interest. In case of any other transfer of interest, the action shall be continued in the name of the original party, or...transfer is made, to be substituted in the action. Court wheu to SEC. 26. The court may determine any controversy v'ra^or'to'o0- Detween the parties before...
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A Treatise on the Practice of the Courts of the State of California ...

Jesse B. Hart - Civil procedure - 1853 - 253 pages
...matter of the action by one or all of the defendants, after the action is commenced, the action is to be continued in the name of the original party, or the court will substitute the assignee, and in case of the death or other disability of the defendant or defendants,...
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