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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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Reports of Cases in the Supreme Court of Nebraska, Volume 62

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1902
...the original claimant. We think this motion was rightly overruled. Section 45 of the Code provides: "In case of any other transfer of interest, the action...transfer is made, to be substituted in the action." This applies to the prosecution of a claim against an estate in probate proceedings. In this case,...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State)., William Wait - Civil procedure - 1871 - 975 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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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 1

William Wait - Civil procedure - 1872
...transfer of interest other than that resulting from the death, marriage, or other disability of a party, the action may be continued in the name of the original...transfer is made to be substituted in the action. Code, 121. The effect of such transfer, therefore, is to give to the transferee the right to apply...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 30

Iowa. Supreme Court - Law reports, digests, etc - 1872
...fact being suggested on the record, the husband may be made a party with his wife, whenever necessary. In case of any other transfer of interest, the action...the court may allow the person to whom the transfer or assignment is made to be substitued in the action," etc. "VVe are of opinion that the court erred...
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The Code of Civil Procedure: Of the State of California

California, Creed Haymond - Civil procedure - 1872 - 768 pages
...any other transfer Proceedings in of interest, the action or proceeding may be continued euchcase. in the name of the original party, or the Court may...the transfer is made to be substituted in the action or proceeding. 386. (658.) A defendant against whom an action Another • . ™ i person is pending...
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The Code of Civil Procedure of the State of California, Volume 1

California - Civil procedure - 1872
...motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the Court may allow the person...
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The Code of Civil Procedure of the State of California: Adopted March 11 ...

California, Warren Olney - Civil procedure - 1872 - 750 pages
...motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court may allow the person...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 93

Ohio. Supreme Court - Law reports, digests, etc - 1916
...court may allow the action to continue by or against his representative, or successor in interest. On any other transfer of interest, the action may be...person to whom the transfer is made to be substituted for him." It is insisted that these provisions warranted the substitution of the bonding company at...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 1

Montana. Supreme Court, Henry Nichols Blake - Law reports, digests, etc - 1873
...purpose. Section 16 of our Civil Code provides, that in case of a transfer of interest in an action, it may be continued in the name of the original party,...person to whom the transfer is made to be substituted. This authorized the court to allow or direct an execution to issue in favor of the assignee McGregor,...
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The Revised Statutes of the State of South Carolina: Prepared by ...

South Carolina - Law - 1873 - 1063 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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