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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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The Code of Civil Procedure of North Carolina: With Notes and Decisions to ...

North Carolina, Walter Clark - 1892 - 950 pages
...rents are recoverable up to the time of trial. Morisey v. Swinson, 104-555. i3) In an action against several defendants, the court may, in its discretion,...others, whenever a several judgment may be proper ; Judgment against one or more defendants. — When landlord and tenant are sued together in an action...
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The American and English Encyclopedia of Law, Volume 17

John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland - 1892 - 1384 pages
...need not be proved. Lower v. Franks, 115 Ind. 334. A statutory provision that " in an action against several defendants, the court may, in its discretion,...others, whenever a several judgment may be proper," does not apply to a case where by statute a joint suit against all the obligors in a bond is the only...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 22

Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1892 - 664 pages
...for or against one or more of several defendants"; and section 245 provides: "In an action against several defendants, the court may, in its discretion, render judgment against one or more ol them, Opinion of the court—STRAH.UT, CJ whenever a several judgment is proper, leaving the action...
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Reports of Cases Decided in the Supreme Court of the State of ..., Volume 15

South Dakota. Supreme Court - 1902 - 760 pages
...I . Under Comp. Laws, 5 5096, providing that in an action against several 'defendants the court may render judgment against one or more of them, leaving the action to proceed against the others, an action maj proceed against one of several co-defendants after a judgment. Merchants Nat. Bank v....
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The Code of civil procedure, and the Criminal statutes. Approved by the ...

South Carolina - 1894 - 670 pages
...grant to the defendant any affirmative relief to which he may be entitled. 3. In an action against several defendants, the Court may, in its discretion,...others, whenever a several judgment may be proper. 4. The Court may also dismiss the complaint with costs in favor of one or more defendants, in case...
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The Northwestern Reporter, Volume 59

1894 - 1206 pages
...them alo lie." It Is true that section 200 of the eame chapter reads as follows: "In an action against several defendants the court may in Its discretion,...proceed against the others, whenever a several judgment is proper." Even if it should be held that the former section is controlled by the latter, and that...
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The Code of Civil Procedure of the State of California

California - 1906 - 1130 pages
...388. § 579. Judgment may be against one party and action proceed as to others. in an action against several defendants, the court may. in its discretion,...proceed against the others, whenever a several judgment la proper. En. March 11, 1872. Cal. Rep. Cit. 103, 36; 136, 302. Prac. Act, sec. 146. En. April 29,...
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Revisal of 1908 of North Carolina: Being the Public and General ..., Volume 1

North Carolina - 1908 - 1482 pages
...and issuea show party entitled, see cases under sections 467, 558 and 565. 3. In an action against several defendants, the court may. in its discretion,...others, whenever a several judgment may be proper. As to joint and several debtors, see sections 412, 413, 455-459. Where ejectment brought against landlord...
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The Pacific Reporter, Volume 96

1908 - 1158 pages
...MORE Co DEFENDANTS. Under the direct provisions of Code Civ. Proc. 1895, § 1002, in an action against several defendants the court may in its discretion...them, leaving the action to proceed against the others where the defendants are severally liable. 4. DISMISSAL AND NONSUIT — WANT OF PROSECUTION— EXCUSE...
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General Laws of the State of Kansas

Kansas - 1909 - 758 pages
...action. 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,...judgment may be proper. The court may also dismiss the petition with costs, in favor of one or more defendants, in case of unreasonable neglect on the part...
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