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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 Historical Development of Code Pleading in America and England: With ...

Charles McGuffey Hepburn - Code pleading - 1897 - 348 pages
...may not, unless by leave of the court or a judge, be joined with a claim in any other capacity.2 And claims by or against an executor or administrator...be joined with claims by or against him personally only in case the "last mentioned claims are alleged to arise with reference to the estate with respect...
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Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to ...

Edward Bullen, Thomas Joseph Bullen - Forms (Law) - 1897 - 1210 pages
...(Seo " Set-off," post, p. 822; " Counterclaims," post, p. 573.) As to the cases in which claims by an executor or administrator, as such, may be joined with claims by him personally, see note (a), supra. In actions by executors, all of them should join as plaintiffs...
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The Unrepealed General Acts of the Governor General in Council: 1882-84

India - Law - 1898 - 796 pages
...executor, administrator or heir, as such, shall be joined with claims by or against him personally, unless the last-mentioned 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 Division Courts Act, Chapter 61, Revised Statutes of Ontario, 1897 ...

W. H. Higgins, Ontario - Court rules - 1898 - 554 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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A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and ...

John Barnard Byles - Negotiable instruments - 1899 - 664 pages
...as such, causes of may be joined with claims by or against him personally, action against. provjde{i the last-mentioned claims are alleged to arise with...defendant sues or is sued as executor or administrator (s). ford, I Salk. 29<l ; Wentworth, Off. Exors. c. 2 ; Luckier v. ffm it/t, 1 Sid. 79 ; 1 Keb. 313...
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Mayne's Treatise on Damages

John Dawson Mayne, Sir Lumley Smith - Damages - 1899 - 776 pages
...by pleading, and the effect of a judgment against him. It must be premised, however, that now claims against an executor or administrator as such may be joined with claims claimsagainst him personally, provided the latter are alleged to rise with respect to the estate in...
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A Revised Edition of the Legislative Enactments of Ceylon: By ..., Volume 2

Ceylon - Law - 1900 - 946 pages
...administrator, or heir as such, shall in any action be joined with claims by or against him personally unless the last-mentioned 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 person...
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The Presidency Small Cause Courts Acts, 1882 to 1899, and the Rules of ...

India - 1900 - 336 pages
...adminis- as such; shall be joined with claims by or against him personally, trator or heir. un1ess foe last-mentioned claims are alleged to arise with reference...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 Practice of the Chancery Division of the High Court of Justice ..., Volume 1

Edmund Robert Daniell - Equity pleading and procedure - 1901 - 1306 pages
...against husband and wife may be joined with claims by or against either of them separately (o) ; and claims by or against an executor or administrator...defendant sues or is sued as executor or administrator (/>) ; but no cause of action, unless by leave of the Court or a Judge, can be joined with an action...
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Chitty's Forms of Civil Proceedings in the King's Bench Division: Of the ...

Thomas Chitty - Civil procedure - 1902 - 976 pages
...Action.]— By K. si. C., Onl. XVIII., r. 5, "Claims by or against an executor or administrator as such mar be joined with claims by or against him personally,...sues or is sued as executor or administrator."' This Rule is (by r. 7) subject to Rules 1, 8 and 9 of the same Order (ante, p. 200), giving a Master power...
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