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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 Bills of Exchange: Promissory Notes, Bank-notes and ...

John Barnard Byles - Bills of exchange - 1891 - 674 pages
...administrator as such, causes of may be joined with claims by or against him personally, action against. provided the last-mentioned claims are alleged to...defendant sues or is sued as executor or administrator (4). Delivery by An executor cannot complete his testator's indorsement executor after by delivering...
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A Treatise of the Law of Bills of Exchange, Promissory Notes, Bank Notes and ...

John Barnard Byles - Negotiable instruments - 1891 - 784 pages
...executor or administrator as r>,-q-| such may be joined with claims by or against him person- ^ ally, provided the last-mentioned claims are alleged to...plaintiff or defendant sues or is sued as executor or administrator.4 1 Bromage «. Lloyd, 1 Ezch., 33. 1 Winterbottom's case, 1 Dennison's CC, 51 ; 2 Car....
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Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 2

Maurice Powell - Evidence (Law) - 1891 - 936 pages
...222, where it did not appear that tho business was carried on for the benefit of the estate. r. 5, " Claims by or against an executor or administrator as such, may be joined with claims by oragainst him personally, provided the last-mentioned claims are alleged to arise with reference to...
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The Division Courts Act and Amendments Thereto: Comprising R.S.O ..., Volume 2

James Bicknell, Edwin Ernest Seager - Court rules - 1894 - 540 pages
...thereto. (c) Claims by or against an executor or administrator, Ru'es ii • • • , i • , 100-101 as such, may be joined with claims by or against him...defendant sues or is sued as executor or administrator. The first part of the rule is similar to old rule 75, except that under the former rule the costs were...
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The Code of Civil Procedure: Being Act XIV of 1882, as Amended by Acts VI ...

India, James O'Kinealy - Civil procedure - 1893 - 896 pages
...Joinefl with executor, administrator 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 he was entitled to, or liable for, jointly with the deceased...
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Popular Information as to Division Courts: Duties of Clerks and Bailiffs : a ...

W. H. Higgins - Court rules - 1894 - 404 pages
...parties to the action, either in addition to, or in lieu of, the previously existing parties thereto. (c) 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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Mayne's Treatise on Damages

John Dawson Mayne, Sir Lumley Smith - Damages - 1894 - 744 pages
...the death of the testator (M). Claims by or against an executor or administrator, as such, may now be joined with claims by or against him personally, provided the last-mentioned claims arise with reference to the estate of the testator or intestate (T). It would seem, therefore, that...
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A Treatise on the Law of Executors and Administrators, Volume 2

Sir Edward Vaughan Williams - Executors and administrators - 1895 - 948 pages
...administrator : and he may sue in this case either in his representative character, or in his own name (I). *Claims by or against an executor or administrator...defendant sues or is sued as executor or administrator (m). In the above cases of contract, the promise sued upon by the Suits accruing in executor was expressly...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1896 - 906 pages
...adminis- Acts, 1873 trator as such, may be joined with claims by and against him an(1 18?5personally ; provided the last-mentioned claims are alleged to...defendant sues, or is sued, as executor or administrator. And an executor de son tort is liable in the same manner as a Executor de. rightful executor (p). sml...
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The Principles of Pleading, Practice and Procedure in Civil Actions in the ...

William Blake Odgers - Civil procedure - 1897 - 566 pages
...executor or administrator, as such, may not bo joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with...estate in respect of which the plaintiff or defendant is executor or administrator. (Order XVIII. r. 5 ; Whiticorth v. DarbMire and others, 41 WE 317; 68...
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