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" An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. "
A Treatise on the Practice of the Supreme Court of the State of New York ... - Page 264
by Claudius L. Monell - 1854
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Merchants' Magazine and Commercial Review, Volume 19

Commerce - 1848 - 706 pages
...injunction, substituting proceedings, similar in effect, by order, (ф 1У1 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (ф 101.) The provisions of ihe code, relating to " trial by referees," arc striking, and mny lead...
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The Merchants' Magazine and Commercial Review, Volume 19

1848 - 700 pages
...injunction, substituting proceedings, similar in effect, by order, ($ 191 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (§ 101.) The provisions of the code, relating to " trial by referees," arc striking, and may lend...
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Hunt's Merchants' Magazine and Commercial Review, Volume 19

Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...injunction, substituting proceedings, similar in effect, by order, (§ 191 ;) and provides that no suit shall abate, by the death, marriage, or other disability of a party, (§ 101.) The provisions of the code, relating to " trial by referees," am striking, and may lead to...
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Stryker's American Register and Magazine, Volume 3

History, Modern - 1849 - 626 pages
...controversy adverse to the plaintiff. No action is to be abated by the disability of any party, or the transfer of any interest therein, if the cause of action survive ; and the assignee may be substituted for the original party. Actions are to be commenced by a summons...
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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
...same action, at the option of the plaintiff. Amended Code. § 120, amended. § 612. An action does not abate by the death, marriage or other disability of...the cause of action 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...applicable tosuits then existing, as well as those thereafter to be commenced, goe= further and declares that no action shall abate by the death, marriage...if the cause of 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...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 4

Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...died before verdict or judgment. But the provisions of the code are much broader. Section 121 provides that no action shall abate by the death, marriage, or other disability of a party, if the cause of action survive or continue. In case of death, marriage or other disability of a party,...
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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
...died before verdict or judgment. But the provisions of the code are much broader. Section 121 provides that no action shall abate by the death, marriage, or other disability of a party, if the cause of action survive or continue. Where in an action against a non-resident defendant, the...
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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
...of the plaintiff. SEC. 16. An action shall not abate by the death, or other disability Transfer of of a party; or by the transfer of any interest therein, if the cause death of1 party, of action survive or continue. In case of the death, or other disability of a party,...
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Wisconsin Session Laws

Wisconsin - Session laws - 1853 - 810 pages
...of the plaintiff Actions when SEC. 25. No action shall abate by the death, marriage, not to abate by or other disability of a party, or by the transfer of any death,^m»r- interest therein, it' the cause of action survive or continue. disability and ^n case...
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