 | New York (State). Supreme Court. Appellate Division - 1897 - 736 страници
...damage by reason of the injunction. By section 448 of the Code of Civil Procedure it is provided that those who are united in interest must be joined as plaintiffs or defendants. But, as it does not appear upon the face of the complaint that there is any one entitled to recover anything... | |
 | Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1864 - 510 страници
...provision was made, by the Code, for crosspleadings by one defendant against another; and, by section.36, "of the parties to the action, those who are united in interest must be joined ae plaintiffs or defendants." Now, in cases where the fund to be distributed amongst several claimants... | |
 | 1920 - 944 страници
...justice on broader grounds is obviated by the provisions of section 382 of the Code of Civil Procedure: "Of the parties to the action, those who are united...as plaintiffs or defendants ; but if the consent of anyone who should have been joined as plaintiff cannot be obtained, he may be made a defendant, the... | |
 | 1920 - 944 страници
...broader grounds is obviated s^ by the provisions of section 382 of the Code of Civil Procedure : " Of the parties to the action, those who are united...as plaintiffs or defendants; but if the consent of anyone who should have been joined as plaintiff cannot be obtained, he may be made a defendant,, the... | |
 | 1927 - 964 страници
...mandatory provision of section 382, Code of Civil Procedure, to the effect that "Of the parties to action, those who are united in interest must be joined as plaintiffs or defendants," he would have joined as parties defendant to the first cause of action the three persons whom he names... | |
 | New York State Bar Association - 1912 - 1128 страници
...his own name without joining with him the person for whose benefit the suit is brought. 4. Parties who are united in interest must be joined as plaintiffs or defendants; but if the consent of anyone who should be joined as plaintiff cannot be obtained, he may be made a defendant. 5. Every person... | |
 | Guam, John A. Bohn - 1970 - 466 страници
...1953.] § 382. Parties in interest, when to be joined. When one or more may sue or defend for the whole. Of the parties to the action, those who are united...the reason thereof being stated in the complaint; and when the question is one of a common or general interest of many persons, or when the parties are... | |
 | United States. Congress. Senate. Judiciary - 1970 - 524 страници
...COMMISSIONERS ON PRACTICE AND PLEADINGS $ 99 (1848). "NY LAWS, c 379 (1848). •NY CODE $ 119 (1849) . "Of the parties to the action, those who are united...interest must be joined as plaintiffs or defendants . . . and when the question is one -of • common or general interest of many persons, or when the... | |
 | Ohio. Supreme Court - 1874 - 770 страници
...necessary party to a complete determination or settlement of the question involved therein." SEC. 86. " Of the parties to the action, those who are united...as plaintiffs or defendants; but if the consent of one who should have been joined oa plaintiff, can not be obtained, he may be made a defendant, the... | |
 | 1916 - 1216 страници
...PASTIES PLAINTIFF — BRINGING IN BY COURT— STATUTES. Under Code Civ. Proc. §§ 89, 95, providing that of the parties to the action those who are united...interest must be joined as plaintiffs or defendants, and that the court may determine any controversy between the parries before it, when it can be done... | |
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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... 
