 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 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." Three persons were liable in the original suit, but service was made on one only, and judgment was... | |
 | Nebraska, Guy Ashton Brown - 1881 - 838 pages
...against defendants severally liable, he may, without prejudice to his rights against those not served, proceed against the defendants served in the same manner as if they were the only defendants. SEC. 85. [Pendency of action— Notice.]— "When the summons has been served, or publication made,... | |
 | New York (State) - 1881 - 946 pages
...that it may be enforce- 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 ". The differences between the former Code and the RS, areas follows : (1). Co. Proc., § 136, used... | |
 | Idaho (Ter.) - 1881 - 588 pages
...summons is complete at the expiration of the time prescribed by the order for publication. how - . , . ., served in the same manner as if they were the only defendants, of scr- g EC _ 224. Proof of the service of summons and com. plaint must be as follows: 2. It' by any... | |
 | 1886 - 1338 pages
...it may be •enforced against the joint property of all, and the separate property of the defendant served ; or 2. If the action be against defendants...same :manner as if they were the only defendants." While the practice act was in force it was held that when the action was on the joint obligation of... | |
 | 1884 - 948 pages
...enforced against the joint property of all and the separate property of the defendants served; second, if the action be against defendants severally liable,...same manner as if they were the only defendants." This statute authorized the rendition of a judgment against a defendant without giving him an opportunity... | |
 | Utah - 1884 - 666 pages
...summons is complete at the expiration of the time prescril>cd by the order for publication. the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. SEC. 273. Proof of the service of summons and Proof of wmce. complaint must be as follows: ... , ,... | |
 | Iowa, Emlin McClain - 1884 - 940 pages
...prejudice to his rights in that or any other action against those not served, proceed against those served in the same manner as if they were. the only defendants ; if he recover against those jointly liable only, he may take judgment against all thus liable, which... | |
 | Nevada - 1885 - 1332 pages
...enforced against the joint property of all and the separate property of the defendant served : or, second, if the action be against defendants severally liable,...the same manner as if they were the only defendants. Flauuery v. Anderson, 4 Xev. 4,'(7 ; Tinkniu v. O'Xeale, 5 Xev. 93: Whitinore v. Shiverick, 3 Xev.... | |
 | 1885 - 940 pages
...liable on a contract, and the summons ia 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. The practice act .formerly in force had a section somewhat similar to the section just above referred... | |
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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... 
