 | 1916 - 1342 pages
...against the joint property of all and the separate property of the defendant served, and if they aro subject to arrest, against the persons of the defendants served ; or, "2. If the action be against the defendants severally liable, he may proceed against the ®=>For other cases see same topic and... | |
 | Scott Rowley - 1916 - 968 pages
...contract, and the summons is served on one or more of the defendants, but not on all, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants-43 And a recovery may be had against one defendant alone, in a proper case, notwithstanding... | |
 | California. District Courts of Appeal - 1917 - 940 pages
...jointly or severally liable, the plaintiff may proceed against such of the defendants as have been served in the same manner as if they were the only defendants. (Callaban v. Oanziger, 405.) See Appeal; Attachment; Claim and Delivery; Costs; Eminent Domain; Evidence;... | |
 | 1919 - 2086 pages
...and the joint property of all. When the action is against defendants severally liable, the plaintiff may proceed against the defendants served in the same manner as if they were the only défendante. When a judgment is recovered against one or more defendants jointly indebted, a summons... | |
 | Indiana. Appellate Court - 1919 - 840 pages
...obligation 2. in this case falls within the second subdivision of said section, which provides that: "If the action be against defendants severally liable,...the same manner as if they were the only defendants, and may afterwards proceed against those not served." This statute authorized the procedure in the... | |
 | James Manford Kerr - 1919 - 998 pages
...liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants.25 When there are more than one defendant in an action and one or more admit26 "due service"... | |
 | Arthur B. Honnold - 1922 - 894 pages
...that it may be enforced against the joint property of all, and the separate property of the defendants served; and if they are subject to arrest, against the persons of the defendants served. "Second. If the action be against defendants severally liable, he may, without prejudice to his rights... | |
 | California - 1923 - 952 pages
...liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. Enacted March 11, 1872, founded upon I 32 of Practice Act. § 415. PROOF OF SERVICE, HOW MADE. Proof... | |
 | California - 1923 - 600 pages
...liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. 415. Proof of the service of summons and complaint must be as follows: 1. If served by the sheriff,... | |
 | 1924 - 1262 pages
...the joint property of all and the separate property of the defendants served; . "2. If the action is against defendants severally liable, he may proceed...same manner as if they were the only defendants; "3. Though all the defendants may have been served with the summons, judgment may be taken against any... | |
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... served, unless the court otherwise direct ; and if he recover judgment, it may be entered against all the defendants thus jointly indebted, so far only as that it may be enforced against the joint property of all, and the separate property of the... 
