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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 Jurisdiction and Practice of the English Courts in ...

Robert Griffith Williams, Gainsford Bruce, Charles Fuhr Jemmett - Admiralty - 1902 - 852 pages
...an executor or administrator may be joined with claims by or against such executor or administrator personally, provided the last-mentioned claims are...respect of which the plaintiff or defendant sues or is SUCH! as executor or administrator. /*., rule 5 (11)2). In all other cases the plaintiff may as of...
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The Australian Law Times, Volume 24

Law - 1903 - 270 pages
...against an individual both in a private and in a representative capacity. This rule provides that : — "Claims by or against an executor or administrator...defendant sues or is sued as executor or administrator." In my opinion that rule does not throw much light upon the subject raised by the present application....
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Orders, Rules and Forms of the Assistant Court of Appeal of Barbados, with ...

Barbados. Assistant Court of Appeal - Court rules - 1903 - 374 pages
...with claims by or against him per- executor or „ ' ., j ,, , ,. ii • nj ^ administrator. sonally, provided the last-mentioned claims are alleged to...defendant sues or is sued as executor or administrator. 5, Claims by plaintiffs jointly may be joined with Joint and claims by them or any of them separately...
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The Statutory Rules and Orders Revised: Being the Statutory Rules and Orders ...

Great Britain - Administrative law - 1904 - 1060 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...which the plaintiff or defendant sues or is sued as execiitor or administrator. 6. Claims by plaintiffs jointly may be joined with claims by them or any...
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A Treatise on the Law of Contracts

Joseph Chitty - Contracts - 1904 - 946 pages
...become assets (t). By RSC, Ord. XVIII., rule 5, and similarly by CCE, Ord. IV., rule 5, claims by and against an executor or administrator as such, may be joined with claims by and against him personally ; provided the last-mentioned claims are alleged to arise, with reference...
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Courts and Procedure in England and in New Jersey

Charles Hopkins Hartshorne - Civil procedure - 1905 - 262 pages
...the judgment will be framed to give defendant whatever relief he is entitled to by substantive law. Claims by or against an executor or administrator as such may be joined with claims against him personally, provided the personal claims arise with reference to the estate which he represents....
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The Judicature Act of New Brunswick 1906 and Rules of Court

New Brunswick - Court rules - 1906 - 570 pages
...joined with claims by or against him personally, efccutor. .,,,,, ,. , , . " ,, , , . .". [R. 23o, (O)). provided the last-mentioned claims are alleged to...defendant sues or is sued as executor or administrator. 0. 1 8, r. 5, (E). 134 6. Claims by plaintiffs jointly may be joined with claims Joi.nt at"i . by them...
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Encyclopædia of the Laws of England: With Forms and Precedents by ..., Volume 5

Alexander Wood Renton, Maxwell Alexander Robertson - Great Britain - 1907 - 712 pages
...breach occurs after the death, and though the contract was made with the deceased and his assigns. Claims by or against an executor or administrator...arise with reference to the estate in respect of which he sues or is sued as executor or administrator (RSC, Order 18, r. 5 ; and see Harding v. Harding,...
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Ordinance No. XXXI of 1907: An Ordinance to Consolidate and Amend the Law ...

Straits Settlements - 1907 - 464 pages
...wifeClaims by joint plaintiffs. Proviso. Remedy for misjoinder. Order for exclusion. the last mentioned claims are alleged to arise with reference to the...defendant sues or is sued as executor or administrator. 229. Claims by plaintiffs jointly may be joined with claims by them or any of them separately against...
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The Code of Civil Procedure: Being Act XIV of 1882, Incorporating Amending ...

India, Dinshah Fardunji Mulla - Civil procedure - 1907 - 758 pages
...sha11 be joined executor, administra- with claims by or against him personally, tor or eir. 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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