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" In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper. "
The Laws of Wisconsin - Page 1021
by Wisconsin - 1897
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Reports of Cases at Law and in Equity Argued and Determined in ..., Volume 27

Arkansas. Supreme Court - 1873 - 782 pages
...of several plaintiffs, and for or against one or more of several defendants." " In an action against several defendants, the court may, in its discretion,...proceed against the others, whenever a several judgment is proper." Thus, it is to be seen, the Code allows a several judgment Gardner et al. v. Hershey et...
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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
...an action against several defendants, the court may, in its discretion, render judgment against some of them, leaving the action to proceed against the...proper. The court may also dismiss the complaint, in favor of one or more defendants, in case of 'unreasonable neglect on the part of the plaintiff to...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...the parties on each side, as between themselves. Amended Code, $ 274. f § 750. In an action against several defendants, the court may, in its discretion,...proceed against the others, whenever a several judgment is proper. Amended Code, § 274 § 751. The relief granted to the plaintiff, if there be no answer,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.), New York (State). Supreme Court - 1851 - 530 pages
...recognized. It is also provided in the second clause of section 274 as follows: " In an action against several defendants the court may, in its discretion,...others, whenever a several judgment may be proper." It seems then there are some cases where a several judgment is not proper. What are they? Of course...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...several plaintiffs, and for or against one or more of several defendants. § 411. In an action against several defendants, the court may, .in its discretion,...proceed against the others, whenever a several judgment is proper. § 412. An action may be dismissed, without prejudice to a future action — 1 . By the...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...several plaintifl's, and for or against one or more of several defendants. § 411. In an attion against several defendants, the court may, in its discretion,...proceed against the others, whenever a several judgment is proper. §412. An action may be dismissed, without prejudice to a future action — 1 . By the plaintiff,...
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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
...of law, and perhaps to both. For instance, in case of several defendants a judgment may be rendered against one or more of them, leaving the action to...others whenever a several judgment may be proper. 229 ante, founded upon legal principles, sounding in contract, the recovery mn«t be against all or...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 1

California. Supreme Court - 1851 - 672 pages
...may, in its discre" tion, render judgment against one or more of them, leaving Rowe v. Chandler. " the action to proceed against the others whenever a several " judgment may be proper." The appellant urges, and the same view was taken by the court in Merrifield v. Cooley, above cited, that...
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Laws of the State of New York

New York (State) - 1852 - 836 pages
...may grant to the defendant any affirmative' relief to which he may be entitled. In an action against several defendants, the court may, in its discretion,...be proper. The court may also dismiss the complaint \vith costs, in favor of one or more defendants, in case of unreasonable neglect on the part of the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.), New York (State). Supreme Court - 1852 - 496 pages
...of law, and perhaps to both. For instance, in case of several defendants, a judgment may be rendered against one or more of them, leaving the action to...others whenever a several judgment may be proper. VOL. IV. 35 I think here is & plain recognition of the rule that in actions against several defendants,...
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