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" In case of the death or 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 name of... "
The Code of Civil Procedure of North Carolina: With Notes and Decisions - Page 54
by North Carolina, Albion W. Tourgée - 1878 - 437 pages
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United States Reports: Cases Adjudged in the Supreme Court, Volume 308

United States. Supreme Court - Courts - 1940 - 894 pages
...party becomes incompetent, the court upon motion served as provided in subdivision (a) of this rule may allow the action to be continued by or against his representative. (c) TRANSFER OF INTEREST. In case of any transfer of interest, the action may be continued by or against...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...transfer of any interest therein, if the cause of action survive or continue. In case of death, 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 his representative or successor in interest. In...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...survive or continue. In case of the death, marriage, or other disability of a party, the court on motion, may allow the action to be continued by or against...case of any other transfer of interest, the action may be continued in the name of the original party ; or the court may allow the person to whom the...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...transfer of any interest therein, if the cause of action survive or continue. In case of death, marriage or other disability of a party, the court, on motion...allow the action to be continued by or against his representatives or successor in interest. In case of any other transfer of interest, the action shall...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...action survive or continue. In case oi death, marriage or other disability of a party, it provides that the court on motion, at any time within one year thereafter,...against his representative or successor in interest. The effect of the continuance of the action against the successor in interest, is to makehim liable,...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...transfer of any interest therein, if the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court on motion,...case of any other transfer of interest, the action is to bo continued in the name of the original party, or the court may allow the person to whom the...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...on motion, at anytime within one year thereafter, or afterPutnam agt. Van U'ucn and ollu-rs. wards on a supplemental complaint, may allow the action...to be continued by or against his representative or survivor in interest, &c. As there was in this case but one party plaintiff and defendant, there is...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...in case of such death the court, on motion at any time within a year thereafter, or afterwards, on supplemental complaint, " may allow the action to -be continued by or against his personal representatives or successors in interest." The right of continuing the suit, given by this...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...action survive or continue. 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...case of any other transfer of interest, the action may be continued in the name of the original party ; or the court may allow the person to whom the...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...disability of a patty, procedure in the court, on motion at auy time within one year theresuch cane. after or afterwards, on a supplemental complaint, may allow the action to be continued by or against his re presentative or successor iu interest. In case of any other transfer of interest, the action shall...
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