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" An action or proceeding does not abate by the death, or any disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. "
Reports of Cases Argued and Determined in the Circuit Court of the United ... - Page 546
by United States. Circuit Court (2nd Circuit) - 1868 - 24 pages
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...Laws of 1832. Chap. 276. § 101. No action shall abate by the death, marriage or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court, on motion, at any time within one year...
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Stryker's American Register and Magazine, Volume 3

History, Modern - 1849 - 626 pages
...controversy adverse to the plaintiff. No action is to be abated by the disability of any party, or the transfer of any interest therein, if the cause of action survive ; and the assignee may be substituted for the original party. Actions are to be commenced by a summons...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45

Law - 1851 - 520 pages
...option of the plaintiff. " S. 121. No action shall abate by the death, marriage or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage or other disability of a party, the court, on motion at any time within one year thereafter,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...goe= further and declares that no action shall abate by the death, marriage or other disability of a party, or by the transfer of any interest therein,...if the cause of action survive or continue. In case oi death, marriage or other disability of a party, it provides that the court on motion, at any time...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...Actionwhen not to abate. — No action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court, on motion, at any time within one year...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - Civil procedure - 1852 - 900 pages
...and runs as follows: § 121. No action shall abate by the death, marriage. or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court, on motion, at any time within one year...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 7

Nathan Howard (Jr.) - Civil procedure - 1852 - 576 pages
...section (121) provides that no action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage or other disability of a party, the court, on motion, at anytime within one year thereafter,...
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A Compendium of the Law and Practice of Injunctions: And of ..., Volume 1

Robert Henley Eden Baron Henley - Forms (Law) - 1852 - 680 pages
...New York Code provides that no action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue. In cases of death, marriage, or other disability of a party, the court, on motion, at any time within...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...the plaintiff. SEC. 16. An action shall not abate by the death, or other disability Transfer of of a party; or by the transfer of any interest therein, if the cause death of1 party, of action survive or continue. In case of the death, or other disability of a party,...
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A Treatise on the Practice of the Supreme Court of the State of ..., Volume 2

Claudius L. Monell - Civil procedure - 1854 - 508 pages
...provided by the Code,(3) that no action shall abate by the death, marriage, or other disability of a party, or by the transfer of any interest therein,...the cause of action survive or continue. In case of death, marriage, or other disability of a party, the court, on motion, may allow the action to be continued...
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