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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 Ordinances of the North-West Territories: Being an Office Consolidation ...

Northwest Territories - Law - 1915 - 824 pages
...wife may be joined with claims by or against either of them separately. [E. 191; 0. 234; M. 260.] 14. 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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Bulletin, Volume 7

Courts - 1917 - 818 pages
...plaintiffs, subject to a consolidation of actions by the court or judge, if separate actions are brought. Claims by or against an executor or administrator as such may be joined with those that concern him personally, provided the latter claims arose with reference to the estate of...
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The Law of Torts

John Frederic Clerk, William Harry Barber Lindsell - Torts - 1921 - 1516 pages
...administration of the deceased person's estate (y). And it is also provided by Order XVIII. r. 5, KSC, that " claims by or against an executor or administrator...defendant sues or is sued as executor or administrator " (2). The question whether a right of action for a tort is assignable so as to entitle the assignee...
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The Laws of the Federated Malay States, 1877-1920, Volume 3

Federated Malay States - Law - 1921 - 814 pages
...executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with...defendant sues or is sued as executor or administrator or are such as he was entitled to, or liable for, jointly with the deceased person whom he represents....
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Roscoe's Digest of the Law of Evidence on the Trial of Civil Actions, Volume 2

Henry Roscoe - Civil procedure - 1922 - 728 pages
...Alpinall v. Wake, 10 Bing. 51; 2 LJCP 227, and Wms. Exors., 10th ed. 663. By Eules, 0. xviii. r. 5, " Claims by or against an executor or administrator...defendant sues, or is sued, as executor or administrator." As to this rule, see Padwick v. Scott, 45 LJ Ch. 350, 352; 2 Ch. D. 73C, 743. Evidence of title, as...
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The Principles of Pleading and Practice in Civil Actions in the High Court ...

William Blake Odgers - Civil procedure - 1922 - 640 pages
...Claims against husband and wife may be joined with claims against cither of them separately. Claims against an executor or administrator as such may be joined with claims against him personally, provided the last-mentioned claims are alleged to arise with reference to the...
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Statutory Rules and Orders Other Than Those of a Local, Personal Or ...

Great Britain - Law - 1890 - 1128 pages
...action several causes of action. 5. Claims by or against an executor or administrator as such, maybe joined with claims by or against him personally, provided...which the plaintiff or defendant sues, or is sued M executor or administrator. 6. Claims by or against husband and wife may be joined with claims by...
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Statutory Rules and Orders Other Than Those of a Local, Personal ..., Volume 1

Great Britain - Delegated legislation - 1937 - 1888 pages
...or against him personally, adminisif they are alleged to arise with reference to the estate tratorin respect of which the plaintiff or defendant sues or is sued as executor or administrator ; and (c) claims by plaintiffs jointly may be joined with claims Joint and by them or any of them separately...
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The Law Times Reports: Containing All the Cases Argued and ..., Volume 68

Law reports, digests, etc - 1893 - 962 pages
...with limitations, and those limitations are that the claim against the executor personally must be alleged to arise with reference to the estate in respect of which the plaintiff sues, or is sued, as executor or administrator. Here the cause of action alleged arose without any...
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The Law Journal Reports, Volume 48

Law reports, digests, etc - 1879 - 1028 pages
...personally. Order XVII. rule 5, is restricted to claims and does not include counter-claims. It says, " Claims by or against an executor or administrator...joined with claims by or against him personally," and there is this proviso, " provided the last mentioned claims are alleged to arise with reference...
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