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" Claims by or against an executor or administrator as such may be joined with claims by or against him personally, provided the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues... "
Précis of an Action at Common Law: Showing at a Glance the Procedure Under ... - Page 71
by Herbert E. Boyle - 1881 - 104 pages
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The Supreme Court of Judicature Acts, and the Appellate Jurisdiction Act ...

Robert William Andrews, Arbuthnot Butler Stoney - 1880 - 620 pages
...against either of them separately. 5. Claims by or against an executor or adminis- Eiecutor. trator as such may be joined with claims by or against him...defendant sues or is sued as executor or administrator. When the plaintiff sued in her own right, the defendant was not allowed to set up by way of counter...
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A Complete Practice of the County Courts: Including that in ..., Part 1

George Pitt-Lewis - Admiralty - 1880 - 1064 pages
...XXV. r. 3 (art). Under a rule (Order VI. rule 5) which will be set out in a sul>sequent Chapter (b), claims by or against an executor or administrator...be joined with claims by or against him personally where the latter class of claims relates to the estate. Upon the return-day of the summons the following...
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A Digest of the Law of Practice Under the Judicature Acts and Rules and the ...

William Henry Hastings Kelke - Civil procedure - 1880 - 136 pages
...Schunk J- Co. and Fcls Jc Co., WN 18SO, 96. (i) 0. XVII. r. 4. to the hands of the husband (/). And claims by or against an executor or administrator...be joined with claims by or against him personally arising with reference to the same estate (k). But such claims cannot be combined in a counterclaim...
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The County Court Guide: A Handbook of Practice and Procedure with an ...

William Andrews Holdsworth - Civil procedure - 1881 - 200 pages
...or against husband and wife may be joined with claims by or against either of them separately ; that claims by or against an executor or administrator...defendant sues or is sued as executor or administrator ; and that claims by plaintiffs jointly may be joined with claims by them or any of them separately...
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A Manual of the Practice of the Supreme Court of Judicature in the Queen's ...

John Indermaur - Civil procedure - 1881 - 304 pages
...executor or administrator as such may only be joined with claims by or against him personally when such last-mentioned claims are alleged to arise with reference...defendant sues or is sued as executor or administrator (a;). Claims by plaintiffs jointly may be joined with Persons not claims by them or any of them separately...
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Outline of an Action Under the Ontario Judicature Act, Showing at a Glance ...

Walter Barwick - Civil procedure - 1881 - 138 pages
...against husband and wife may be joined with claims by or against either of them separately (Rule 118). Claims by or against an executor or administrator,...claims by or against him personally : provided the last mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff...
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The Judicature Act and Rules, 1881, and Other Statutes and Orders Relating ...

Sir Thomas Wardlaw Taylor, John Skirving Ewart - Civil procedure - 1881 - 784 pages
...separately. See Eng. R. Sup. C., O. XVII., r. 4 ; RS 0., c. 50, s. 86 ; Eng. CLP Act of 1852, s. 40. 119. 5. Claims by or against an executor or administrator...claims by or against him personally, provided the last mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff...
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A Treatise on the Law of Executors and Administrators: And of the ...

Stuart Cunningham Macaskie - Executors and administrators - 1881 - 344 pages
...and completely to adjudicate upon and settle all the questions involved in the action, be added. 1 Claims by or against an executor or administrator...with claims by or against him personally; provided that the last-mentioned claims are alleged to arise with reference to the estate in respect of which...
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Probate & Administration: A Handbook for Executors and Administrators ...

Charles Francis Morrell - Executors and administrators - 1882 - 204 pages
...Taunt. 586 ; Rose v. Bowkr, 1 H. Bl. 108. Further, by Order XVII. rule 5 of the Judicature Act, 1875, " Claims by or against an executor or administrator...are alleged to arise with reference to the estate M. L in respect of which the plaintiff sues or is sued as executor or administrator." For Debts of...
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A Guide to the Modern County Court: Comprising a Sketch of Its History and ...

Smalman Smith - County courts - 1882 - 186 pages
...and administrators, as such, may bo joined with claims against them personally, provided that such last-mentioned claims are alleged to arise with reference...defendant sues or is sued as executor or administrator. Certain causes of action, however, may never be joined together, others only with the leave of the...
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