 | Richard Morris (of Middle Temple.), William Francis Finlason - Pleading - 1852 - 624 pages
...signed, was not considered within the statute (ll'nlln/) V. Jtirin, 1 Wils, 315). By the present statute, in case of the death of a sole plaintiff or a sole surviving plaintiff, at any period of the proceedings, the legal representative of such plaintiff may,... | |
 | William Francis Finlason - Civil procedure - 1855 - 668 pages
...signed, was not considered within the statute (Wallop v. Jewin, 1 Wils. 315). By the present statute, in case of the death of a sole plaintiff or a sole surviving plaintiff, at any period of the proceedings, the legal representative of such plaintiff may,... | |
 | Law - 1883 - 548 pages
...provisions of Code Civ. Pro., §757 in relation to continuing actions after the decease of a party, that " in case of the death of a sole plaintiff or a sole defendant if the cause of action survives or continues the court must upon a motion allow or compel the action... | |
 | Law - 1883 - 552 pages
...provisions of Code Civ. Pro., § 757 in relation to continuing actions after the decease of a party, that " in case of the death of a sole plaintiff or a sole defendant if the cause of action survives or continues the court must upon a motion allow or compel the action... | |
 | New York (State) - 1879 - 436 pages
...substituted in the action, or of ITa'Siu™. joined with the original party, as the case requires. § 757. In case of the death of a sole plaintiff, or a sole defendant, id. ; when if the cause of action survives or continues, the court must, upon jje!J U"]'7 & motion,... | |
 | 1879 - 456 pages
...substituted in the action, or onmini'i™. joined with the original party, aa the case requires. § 757. In case of the death of a sole plaintiff, or a sole defendant, w.; when if the cause of action survives or continues, the court must, upon j"c° |^'a'y a motion,... | |
 | New York (State) - Session laws - 1879 - 726 pages
...prejudiced. • (§ 757.) Section seven hundred and fifty-seven, so that it will read as follows : § 757. In case of the death of a sole plaintiff, or a sole defendant, if ^'nvMT'-s the cause of action survives or continues, the court must, upon a motion, and action allow... | |
 | Law reports, digests, etc - 1881 - 676 pages
...motion. by virtue of section 757 of the Code of Civil Procedure, as amended in 1879, which provides that "in case of the death of a sole plaintiff, or a sole defendant, if the cause of action survives or continues, the court must, upon a motion, allow or compel the action... | |
 | George D. McCarty - Civil procedure - 1882 - 566 pages
...successor of the deceased defendant? By section 757 of the Code of Civil Procedure, it is provided that : "In case of the death of a sole plaintiff, or a sole defendant, if the cause of action survives or continues, the court must, upon a motion, allow or compel the action... | |
 | Law reports, digests, etc - 1914 - 1254 pages
...Code of Civil Procedure, which reads as follows: "Sec. 757. When Sole Party Dies and Action Survives. In case of the death of a sole plaintiff or a sole defendant, if the cause of action survives or •continues, the court must, upon a motion, allow or compel the... | |
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In case of the death of a sole plaintiff or a sole defendant, if the cause of action survives or continues, the court must, upon a motion, allow or compel the action to be continued, by or against his representative or successor in interest. 
