 | 1894 - 1206 páginas
...follows: "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 is proper." Even if it should be held that the former section is controlled by the latter, and that... | |
 | Indiana, Harrison Burns - 1894 - 1050 páginas
...several. — 439. In a suit 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 is proper. This section applies only to cases where the parties are severally liable. Rose c. Comstock,... | |
 | 1894 - 1288 páginas
...entitled. 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, when a several judgment may be proper. The court may also dismiss the petition with costs, in favor... | |
 | William John Tossell - 1906 - 870 páginas
...Said section is as follows : "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." This of course assumes the obligation to be several. But this is a joint obligation; therefore when... | |
 | Kentucky - 1895 - 796 páginas
...others. 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, if a several judgment be proper. (When several judgments not proper, sec. 80, and see sees. 363, 373.)... | |
 | Kentucky - 1895 - 800 páginas
...others. 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, if a several judgment be proper. (When sennit judgments not proper, sec. .W, nnd see. set*. -{63, 373.)... | |
 | New York (State). Supreme Court. Appellate Division - 1906 - 1080 páginas
...provided that "in an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to...others, whenever a several judgment may be proper." Substantially the same provision has been carried into section 1205 of the Code of Civil Procedure,... | |
 | William John Tossell - 1918 - 752 páginas
...before us. The section provides: "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, whenever a several judgment is proper." A fair construction of this statute, with the facts presented in this case, and applying... | |
 | Ohio, William Henry Whittaker - 1896 - 828 páginas
...0. S. 334. action against several defendants, the court may render judgment against one or more cf them, leaving the action to proceed against the others, whenever a several judgment is proper. [51 v. 57, g 371 ; S. & C. 1048.] As against maker and indorser, 1 H. 77; 2 Bull 18; in... | |
 | William John Tossell - 1897 - 700 páginas
...or trustee, must be a joint suit against all the obligors. It is error to render a several judgment against one or more of them, leaving the action to proceed against the rest. ERROR to the Superior Court of Cincinnati. Cox, J. 1. The probate court has jurisdiction to compel... | |
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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. 
