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" In case of the death, or other disability, of a party, the court, on motion, may allow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action may be continued in the... "
The California Practice Act: Being an Act Entitled "An Act to Regulate ... - Page 16
by California - 1860 - 368 pages
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Wisconsin Reports: Cases Determined in the Supreme Court of Wisconsin, Volume 34

Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1875 - 764 pages
...prescribed by statute, where certain causes of action are transferred pendenle lite. " The action shall be continued in the name of the original party, or...transfer is made to be substituted in the action." R. S., ch. 135, sec. 1. (Tay. Stats., 1572, § 1). IL It is argued by the learned counsel for the defendant,...
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Code of Procedure of the State of New York: With Art. VI of the Constitution ...

New York (State) - Court rules - 1875 - 498 pages
...or successor in interest. 1n case of any other transfer of interest, the action shall he continned in the name of the original party, or the court may allow the person to whom the transfer is made to he suhstituted in the action. any party, hut t he case shall proceed tioreafter in the same manner...
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The Compiled Laws of Wyoming: Including All the Laws in Force in Said ...

Wyoming - Dakota Indians - 1876 - 882 pages
...I »arty, the court may allow the action to continue by or against his representative or successor in interest. In case of any other transfer of interest, the action may he continued in the name of the original party: or the court may allow the person to whom the transfer...
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The Code of Civil Procedure of the State of California: As Adopted in 1872 ...

California - Civil procedure - 1876 - 888 pages
...motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action or proceeding maybe continued in the name of the original party, or the court may allow tho person...
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The Codes and Statutes of the State of California, Volume 2

California, Theodore Henry Hittell - Law - 1876 - 986 pages
...motion, may allow the action or proceeding to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action or proceeding may be continued in the name of the original party, or the court may allow the person...
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The Code of Procedure of the State of New York, with Art. VI of the ...

New York (State). - Civil procedure - 1876 - 498 pages
...supplemental complaint, may aliow the action to be continued by or against his representative or successor in interest. In case of any other transfer of interest, the action shall be continued in the name of the original party, or the court may aliow the person to whom the...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 52

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 - Law reports, digests, etc - 1876 - 678 pages
...transfer is made to be substituted in the action," means that when such transfer of interest is made, the action may be continued in the name of the original party if he be living, but does not mean that it may be continued in his name after he is dead. From the...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 4

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1890 - 658 pages
...allow the action to be continued by, or against his representative or successor in interest. In the case of any other transfer of interest, the action...transfer is made, to be substituted in the action." This case could have been continued in the name of the original party, notwithstanding the assignment,...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 9

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1894 - 588 pages
...proceeding survive or continue. * * * In the case of any transfer of interest the action or proceeding may be continued in the name of the original party,...the transfer is made to be substituted in the action or proceeding." This section corresponds to section 385 of the California Code. This section of the...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 25

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1903 - 612 pages
...representative or successor in interest. In the case of any other transfer of interest, the action or proceeding may be continued in the name of the original party,...the transfer is made to be substituted in the action or proceeding." The evident purpose of the statute providing for a substitution of a party in case...
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