 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1882 - 936 pages
...Order xvn, Rule 5, immediately followed as part of the same set of enactments the provision in it, that "claims by or against an executor or administrator...joined with claims by or against him personally," would include counter-claims as well as claims. But I do not think that such was the intention of these... | |
 | Arthur Wilson - Civil procedure - 1882 - 890 pages
...-mentioned claims are alleged JJÜJjjlj"8" to arise with reference to the estate in respect of Avhich the plaintiff or defendant sues or is sued as executor or administrator. Whether an esccntor, on the one hand, ought to sue, and on the other hand, ought to be sued, as such,... | |
 | Robert William Andrews - Appellate procedure - 1883 - 792 pages
...may be JJif|bandl"ld joined with claims by or against either of them separately. xvn. 6. Executor. D. Claims by or against an executor or administrator...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-claim,... | |
 | John Barnard Byles - Negotiable instruments - 1883 - 834 pages
...debt of their intestate, are not perr^rq-- *Claims by or against an executor or administrator as suph may be joined with claims by or against him personally,...plaintiff or defendant sues or is sued as executor or administrator.^)1 An infant can make a binding contract for necessaries only ; and he may give a single... | |
 | India - 1883 - 724 pages
...joined with outor, odmiui.trator or heir. ciaims by or against him personally, unless the last mentioned claims are alleged to arise with reference to the...plaintiff or defendant sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with the deceased... | |
 | India, D. E. Cranenburgh - Civil procedure - 1883 - 1112 pages
...claims by or against cntor, administrator, or him personally, unless the last mentioned claims heir> are alleged to arise with reference to the estate...plaintiff or defendant sues or is sued as executor, administrator, or heir, or are such as he was entitled to, or liable for, jointly with the deceased... | |
 | Augustine Robert Whiteway - Procedure - 1883 - 904 pages
...claims by or against Kule 5. either of them separately ; also (rule 5) claims by or against an executor as such, may be joined with claims by or against him personally, provided the latter arise in respect of the estate about which he sues or is sued as executor ; and (rule 6) claims... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - Actions and defenses - 1884 - 848 pages
...against either of them separately. "). Claims by or against an executor or administrator as such may '*' joined with claims by or against him personally, provided...defendant sues or is sued as executor or administrator. fi. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against... | |
 | Richard Hallilay - Equity pleading and procedure - 1884 - 358 pages
...or against husband and wife may be joined with claims by or against either of them separately. (6) Claims by or against an executor or administrator,...claims by or against him personally, provided the latter arise with reference to the estate which the executor or administrator represents as such, (c)... | |
 | William Decimus Inglett Foulkes - Civil procedure - 1884 - 380 pages
...against a husband in respect of his wife may be joined with claims by or against him individually, and claims by or against an executor or administrator...as such may be joined with claims by or against him individually, these latter being claims arising out of his administration of the property, although... | |
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