Author: Woodthorpe Brandon

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 60

ISBN-13: 9781230187822

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...are to be added, together with an affidavit of the handwriting, and give notice thereof to the defendant, unless the filing of such consent be dispensed with by order of the court. And see section 40, joinder of claims by husband and wife with claims in right of husband. Common Law Procedure Act 1860: Section 19.--Joinder as plaintiffs of all persons supposed to be legally entitled. And see sections 20, 21, defendant's set-off in such case. Misjoinder and Nonjoinder of Defendants. Common Law Procedure Act 1852: Section 37.--Misjoinder of defendants may be amended before or at the trial. Section 38.--Upon plea in abatement for nonjoinder of defendants, proceedings may be amended. Section 39.--Provision in the case of subsequent proceedings against the persons named in a plea in abatement for nonjoinder of defendants. And see section 60, commencement of declaration after plea of nonjoinder, and note to section 36. Where one of two joint debtors is omitted in an action, the nonjoinder cannot be pleaded in abatement unless the person omitted resides within the city.--See Plea, and affidavit in support thereof. Death, Marriage, Or Bankruptcy Of Parties. The several sections of the Common Law Procedure Acts relative to the non-abatement of actions by the death, marriage, or bankruptcy of any of the parties to the suit are applied to the Mayor's Court. Common Law Procedure Act 1852: Section 135.--Action not to abate by death. Section 136.--Proceedings in case of death of one or more of several plaintiffs or defendants. Section 137.--Proceedings in case of death of a sole plaintiff. Section 138.--Proceedings upon death of sole or sole surviving defendant. Section 139.--Death between verdict and judgment. Section 140.--Proceedings in case of death...