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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... "
Laws of the State of New York - Page 553
by New York (State) - 1857
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...marriage, or other disability of a party, the court, on motion, at any time within one year thereafter, may allow the action to be continued by or against...transfer is made to be substituted in the action. This will save the necessity of a new or supplemental action. A statute of similar import in respect...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 pages
...-11 J • , • * dencyof low the action to be continued by or against his representa•ction. tjve or successor in interest. In case of any other transfer...transfer is made to be substituted in the action. court may ^ 102. When a complete determination of the controversy particiuj" cannot be had without...
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The Code of Civil Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - 1850 - 920 pages
...representative or successor in interest. In case of any other transfer of interest, the action may be continued in the name of the original party ; or...transfer is made to be substituted in the action. Amended Code,§ 121. § 613. The court may determine any controversy between parties before it, when...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...he bring several actions against parties who may be joined in one. See section 304 of this code. 79 or continue. In case of death, marriage or other disability...transfer is made to be substituted in the action. This section is identical with section 101 in the code of 1848, and under that code it was held that...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 pages
...within one year thereafter, J1™^11or afterwards on a supplemental complaint may allow the *uch c*" action to be continued by or against his representative...transfer is made to be substituted in the action. § 122. The court may determine any controversy between^"J^loii!. the parties be fore if, when it can...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 246 pages
...complaint may such case' allow the action to be continued by or against his repre- ^9ended sentative or successor in interest. In case of any other transfer...transfer is made to be substituted in the action. An administrator of a deceased plaintiff may have leave to continue the action if the cause survive....
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

1851 - 518 pages
...on a supplemental complaint, may allow the action to be continued by or against his representatives or successor in interest. In case of any other transfer...transfer is made to be substituted in the action. " S. 122. The court may determine any controversy between parties before it when it can be done without...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - 1852 - 606 pages
...Existing suits. Actionwhen not to abate. — No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest...transfer is made to be substituted in the action. This section is identical with section 101 in the code of 1848 ; and under that code it w.-is held...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - 1852 - 680 pages
...representative or successor in interest. In case of any other transfer of interest, the action is to be continued in the name of the original party, or...transfer is made, to be substituted in the action. Code of 1851, sec. 121. The motion to continue the action must, in the case of a sole plaintiff, be...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - 1852 - 576 pages
...shall abate by the transfer of any interest therein;" and secondly, that in case of such transfer, " the action shall be continued in the name of the original...allow the person to whom the transfer is made, to be substi uted in the action. It is optional, therefore, with the court to allow or not, the retirement...
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