 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...  The Codes and Statutes of the State of California - Stran 959avtor: California, Theodore Henry Hittell - 1876 - 1861 straniCelotni ogled - O knjigi
 | 1888 - 1040 strani
...then by answer, or the objection will be waived; but there are exceptions. The Code provides that, "of the parties to the action those who are united...may be made a defendant, the reason thereof being staled in the complaint," (section 382, Code Civil Proc.;) and "the court may determine any controversy... | |
 | Indiana - 1888 - 1024 strani
...Fitzgerald v. Gray, 59 Ind. 254. 269. Joint interest — When one may sue for all. 21. Of the parties in the action, those who are united in interest must...of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint,... | |
 | Abraham Clark Freeman - 1891 - 1058 strani
...plaintiffs." Section 12 provides that, "of the parties to the action, those who are united in interest shall be joined as plaintiffs or defendants; but if the...the reason thereof being stated in the complaint." The meaning of the language of the first section cited has been frequently construed by the courts.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1891 - 706 strani
...That part of section 269 applicable to the question under consideration reads : " Of the parties in the action, those who are united in interest must...of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant." In view of the provisions in these two sections the... | |
 | 1891 - 1174 strani
...action must be prosecuted in the name of the real party in interest," and the further section, that, "of the parties to the action, those who are united...defendants, but, if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | North Carolina, Walter Clark - 1892 - 950 strani
...§§ 177 and 179, ante, and §§ 185 and 186, post. Sec. 185. Parties to be joined, etc. CCP, s. 62. Of the parties to the action, those who are united...of a common or general interest of many persons, or where the parties may be very numerous, and it may be impracticable to bring them all before the court,... | |
 | John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1892 - 1384 strani
...Iowa, McClain's Annot. Code, 1888, § 3752; Kansas, Gen. Stat. 1889, § 4"3; Kentucky, interest shall be joined as plaintiffs or defendants, but if the...plaintiff cannot be obtained, he may be made a defendant ; and where the question is one of common or general interest to many persons, or when the parties... | |
 | Indiana - 1892 - 938 strani
...the name of the real party in interest, except as provided in the next section." " Of the parties in the action, those who are united in interest must...of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant." The purpose of section 276 is to protect the obligor... | |
 | Abraham Clark Freeman - 1892 - 1022 strani
...action must be prosecuted in the name of the real party in interest," and the further section that "of the parties to the action, those who are united...defendants, but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made a defendant, the reason thereof being stated... | |
 | Indiana. Appellate Court - 1894 - 814 strani
...an interest in this action that he is a necessary party? Durre et al. v. Brown. "Of the parties in the action, those who are united in interest must...of any one who should have been joined as plaintiff can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint."... | |
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