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
| William Angus Sutherland - 1910 - 1052 strani
...satisfied obligee. § 20. Exceptions to the general rule.— Of course, the codes contain the proviso that "if the consent of any one who should have been joined...the reason thereof being stated in the complaint." But beyond this there are certain exceptions to the general rule. « Beach v. Hotchkiss, 2 Conn. 697... | |
| 1911 - 1242 strani
...for the benefit of all." The motion to amend was made under section, 140 of the Code of 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... | |
| Edson Read Sunderland - 1913 - 780 strani
...a necessary party to the complete determination or settlement of the question involved therein." 3. "Of the parties to the action, those who are united...the consent of any one who should have been joined can not be obtained, he may be made a defendant, the reason thereof being stated in the complaint.... | |
| California. Supreme Court - 1913 - 1008 strani
...a party defendant is justified by the provision of section 382 of the Code of Civil Procedure that "if the consent of any one who should have been joined...be obtained, he may be made a defendant, the reason therefor being stated in the complaint." The fact, however, that Freeman's refusal to join in bringing... | |
| Colorado. Court of Appeals - 1914 - 674 strani
...except as otherwise provided,' etc. This provision is followed by (the second) to-wit, that 'the parties who are united in interest must be joined as plaintiffs...joined as plaintiff cannot be obtained, he may be made defendant, the reason therefor being stated in the complaint' (or petition). These two provisions are... | |
| Idaho. Supreme Court - 1914 - 906 strani
...IDAHO IRR. Co., LTD., v. DILL. [25 Idaho, Opinion of the Court — Sullivan, J. Sec. 4105 provides that 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. (As... | |
| 1915 - 1338 strani
...obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this title." "Of the parties to the action, those who are united...have been joined as plaintiff cannot be obtained, lie may be made a defendant, the reason thereof being stated in the complaint." It seems clear from... | |
| 1915 - 1340 strani
...as otherwise provided, etc. This provision is followed by (the second) , to wit, that 'the parties who are united in interest must be joined as plaintiffs...joined as plaintiff cannot be obtained, he may be made defendant, the reason therefor being stated in the complaint' (or petition). These two provisions are... | |
| 1915 - 1228 strani
...is followed by (the second), to wit, that 'the parties who are united in interest must be joined us plaintiffs or defendants; but, if the consent of any...joined as plaintiff cannot be obtained, he may be made defendant, the reason therefor being stated in the complaint' (or petition). These two provisions are... | |
| 1916 - 1222 strani
...the statute of limitations has run as to said new parties. Section 4692, Rev. Laws 1910, provides: "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 as plaintiff cannot be obtained, he may be made a defendant ; the reason... | |
| |