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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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Practice Reports in the Supreme Court and Court of Appeals, Volume 9

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1860
...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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Session Laws

North Dakota - Session laws - 1862
...of a party, the court may allow the action to continue 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. SECT. 37. The court may determine any controversy be- te^°n^ ™Łne" tween parties before it, when...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 17

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 - Law reports, digests, etc - 1862
...allow the action to be continued," &c. " 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." Code, § 21. This case comes within the latter branch of the above provision, and in such cases, no...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 23

Nathan Howard, New York (State). Supreme Court - Civil procedure - 1862
...which says: "In case of any other transfer of interest, the action SHALL be continued in the NAMK uj the original party; or, the court may allow the person...transfer is made, to be substituted in the action." This section relates to abatement of actions exclusively, and the two sentences quoted would seem to...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - Bankruptcy - 1863 - 667 pages
...and twenty-one of the Code, which provides that in case of a 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, contemplates a transfer other than by death — contemplates an existing, pending action — and the...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - Civil procedure - 1863
...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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Laws of the Territory of Idaho

Idaho - Law - 1864
...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 before it, when it can be done without...
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Laws of the Territory of Idaho

Idaho (Ter.) - Law - 1864
...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 before it, when it can be done without...
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Laws, joint resolutions, and memorials passed at the regular session of the ...

Nebraska - Session laws - 1864
...according to the provisions of section four or section six, of this act, as the case may be. In case of any transfer of interest, the action may be continued...party ; or the court may allow the person to whom the interest is transferred to be substituted in the action by motion or supplemental bill as aforesaid....
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A Digest of New York Statutes and Reports: From the Earliest ..., Volume 1

Benjamin Vaughan Abbott, Austin Abbott - Law reports, digests, etc - 1864
...the representative or successor in interest. In case of other transfer of interest, the action shall be continued in the name of the original party ; or the court may allow the transferee to be substituted.o Code of Pro., % 121. 67. The pleadings to govern. On a motion for leave...
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