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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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A Treatise on the Law of Costs in an Action in the Queen's Bench Division ...

William Edward Gordon - Costs (Law) - 1884 - 408 pages
...personally, pro- a^^,rst vided the last-mentioned claims are alleged to arise with re- executorference to the estate in respect of which the plaintiff or...defendant sues or is sued as executor or administrator (r. 5). Claims by plaintiffs jointly may be joined with claims by J™n| ^ them or any of them separately...
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Nova Scotia Judicature Act, 1884: With Rules and Forms

Nova Scotia - Court rules - 1884 - 794 pages
...executor or administrator, (Ш.) as such, may be joined with claims by or against him per- * °n' sonally, provided the last-mentioned claims are alleged to...arise with reference to the estate in respect of which tho plaintiff or defendant sues or is sued as executor or administrator. (E. 192.) 6. Claims by plaintiffs...
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The Statutes, Rules of Court, and General Orders Relating to the Practice ...

Sir George Osborne Morgan, Edward Albert Wurtzburg - Court rules - 1885 - 800 pages
...by or against husband and wife may be joined with claims by or against either of them separately. 5. Claims by or against an executor or administrator...defendant sues or is sued as executor or administrator (e), (t) See fadtcick v. Scott, 1 Ch. D. 736. The rule does not apply to counterclaims (Macdonald v....
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The Supreme Court of Judicature Acts, and the Appellate Jurisdiction Act ...

Robert William Andrews - Civil procedure - 1885 - 872 pages
...an executor or adminis- AT//. 5. trator aa such may be joined with claims by or against Eiocutorhim personally, provided the last-mentioned claims are...defendant sues or is sued as executor or administrator. xvu. 3. not allowed to set up, by way of counter-claim, a claim against her as executrix. The Rule...
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A County Courts Formulist

Richard Austen Dale - Civil procedure - 1887 - 534 pages
...a husband and wife may be joined with claims by and against either of them separately (0. 4, r. 4), claims by or against an executor or administrator...claims by or against him personally, provided the latter arise with reference to the tei-tator or intestate's estate (0. 4, r. 5), and claims by plaintiffs...
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The Code of Civil Procedure, 1882: As Modified Up to 1st July, 1888

India - Civil procedure - 1888 - 380 pages
...executor, administrator or heir, as such, shall be joined with claims by or against him personally, unless the lastmentioned claims are alleged to arise with...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...
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The Judicature Act, 1889: An Act to Amend and Consoldiate the Law Relating ...

Newfoundland - Court rules - 1889 - 252 pages
...against husband and wife 'may be joined with claims by or against either of them separately. 5. — Claims by or against an executor or administrator...defendant sues or is sued as executor or administrator. 6. — Claims by plaintiffs jointly may be joined with claims by them or any of them separately against...
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The Law of Testamentary Devise as Administered in India. Or the Law Relating ...

Gilbert Stuart Henderson - Probate law and practice - 1889 - 614 pages
...heir, as such, shall be joined with claims 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 ho was entitled to, or liable for, with the deceased person whom...
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The Pocket Code of Civil Procedure: Containing Also the Debtors Act, the ...

India - 1889 - 946 pages
...by or against him personally, unto^ad'minJS less *e last Inentioned claims are alleged tor'orheir. to arise with reference to the estate in respect of...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...
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The Australian Law Times, Volume 11

Law - 1890 - 230 pages
...against im administrator may bo joined with claims against him personally, provided the lasti^entioned claims are alleged to arise with reference to the estate in respect of which the ph,intiff sues. This rule does not apply, for the claim against the defendant personally is for the...
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