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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. "
Reports of Cases Argued and Adjudged in the Superior Court of Cincinnati in ... - Page 78
by Robert D. Handy, John H. Handy - 1855 - 598 pages
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Laws of the State of New York, Volume 1

New York (State) - 1849 - 864 pages
...rights of the parties on°'lheP'»«1«»each side, as between themselves. In an action against seTeral* defendants, the court may, in its discretion, render...others, whenever a several judgment may be proper. The court may also dismiss the complaint, with costs, in favor of one or more defendants, in case of...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - 1873 - 782 pages
...agai list one or more of several plaintiffs, and for or against one or more of several defendants." " In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper." Thus, it is to be seen, the Code allows a several judgment Gardner et al. v. Hershey et...
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 28

Arkansas. Supreme Court - 1876 - 650 pages
...recoveries had thereon in like manner. By sections 400 and 401 of the Code of Practice, it is provided, that in an action against several defendants, the court may, in its discretion, render a judgment against one, leaving the action to proceed against the others. In the case before us, such...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...defendants, and it may determine the ultimate rights - of the parties on each side, as between themselves. In an action against several defendants, the court may, in its discretion, render judgment against some of them, leaving the action to proceed against the others, whenever a several judgment may be...
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The Code of Civil Procedure of the State of New-York

New York (State). Commissioners on Practice and Pleadings - 1850 - 898 pages
...the ultimate rights of the parties on each side, as hetween themselves. Amended Code, § 274. § 750. In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper. Amended Code, % 274 § 751. The relief granted to the plaintiff, if there be no answer,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 1851 - 530 pages
...contracts is thus clearly recognized. It is also provided in the second clause of section 274 as follows: " In an action against several defendants the court...others, whenever a several judgment may be proper." It seems then there are some cases where a several judgment is not proper. What are they? Of course they...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 pages
...defendants, and it may determine the ultimate rights of the parties on each side, as between themselves. In an action against several defendants, the court...others, •whenever a several judgment may be proper. The court may also dismiss the complaint, with costs, in favor of one or more defendants, in case of...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...defendant?, and it may determine the ultimate lhe rights of the parties on each side, as between themselves. In an action against several defendants, the court...others, whenever a several judgment may be proper. The court may also dismiss the complaint, with costs, in favor of one or more defendants, in case of...
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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 - 1851 - 410 pages
...such expenses was considered reasonable. 10 Wend., 622. parties on each side, as between themselves.* In an action against several defendants, the court...others, whenever a several judgment may be proper. The court may also dismiss the complaint, with costs, in favor of one or more defendants, in case of...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...against one or more of several plaintiffs, and for or against one or more of several defendants. § 411. In an action against several defendants, the court...proceed against the others, whenever a several judgment is proper. § 412. An action may be dismissed, without prejudice to a future action — 1 . By the...
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