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" When a person is responsible over to another, either by operation of law or by express contract, and he is duly notified of the pendency of the suit, and requested to take upon him the defense of it, he is no longer regarded as a stranger... "
The American Decisions: Containing All the Cases of General Value and ... - Page 675
1886
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Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 192

Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1917 - 824 pages
...judgment becomes material. * * * For any other purpose it is not evidence against a stranger, * * * but when a person is responsible over to another, either...him the defense of it, he is no longer regarded as a 1916] BURKE v. MARYLAND CASUALTY Co. 181 stranger, because he has the right to appear and defend the...
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Massachusetts Reports: Cases Argued and Determined in the Supreme ..., Volume 93

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867 - 662 pages
...cites with approbation the law as thus laid down by Bell, J., in Littleton v. Richardson, 34 NH 187 : " When a person is responsible over to another, either...the pendency of the suit, and requested to take upon himself the defence of it, he is no longer regarded as a stranger, because he has the right to appear...
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A Treatise on the Law of Estoppel and Its Application in Practice

Melville Madison Bigelow - Estoppel - 1872 - 732 pages
...suits, the result of which may affect them, is thus stated liy Bell, J., iu Littleton v. Richardson:2 " When a person is responsible over to another, either...the pendency of the suit, and requested to take upon himself the defence of it, he is n0 longer regarded as a stranger, because he has the right to appear...
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Massachusetts Reports, Volume 116

Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1875 - 708 pages
...amount of the damages. In Littleton v. Richardson, 34 NH 179, the law is thus laid down by Bell, J. : " When a person is responsible over to another either...pendency of the suit and requested to take upon him the defence of it, he is no longer regarded as a stranger." In every such case, if due notice is given...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 42

Iowa. Supreme Court - Law reports, digests, etc - 1877 - 776 pages
...on Estoppel, 75.) The party sought to be held liable for a judgment against another must have been duly notified of the pendency of the suit, and requested to take upon himself the defense of it. (Littleton v. Richardson, 34 NH, 179; Boston v. Worthington, 10 Gray, 496.)...
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The Pacific Reporter, Volume 205

Law reports, digests, etc - 1922 - 1152 pages
...Faxon. The admission oí this judgment roll is now assigned as error. [1] It is well settled that, where a person is responsible over to another, either by...and he is duly notified of the pendency of the suit against the person to whom he is liable over, and full opportunity is afforded him to defend the action,...
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Atlantic Reporter, Volume 21

Law reports, digests, etc - 1891 - 1138 pages
...the doctrine rests is expressed by Mr. Justice BELL In Littleton v. Richardson, supra, as folio we: " When a person Is responsible over to another, either...the pendency of the suit, and requested to take upon himself the defense of it, he la no longer regarded as a stranger, because he has the right to appear...
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Atlantic Reporter, Volume 113

Law reports, digests, etc - 1921 - 956 pages
...(Mass.) 496, 71 Am. Dec. 67S; Blasdale v. Babcock, 1 Johns. (N. Y.) 517. Quoting our own Judge Kent : "When a person is responsible over to another, either...operation of law or by express contract, and he is notified of the pendency of the suit, and requested to take upon himself the de'fense, he is not afterwards...
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Atlantic Reporter, Volume 10

Law reports, digests, etc - 1887 - 924 pages
...that judgment was rendered, and had an opportunity to defend it. The rule seems to be established that when a person is responsible over to another, either by operation of law or by express contract, and notice has been given him of the pendency of the suit, and he has been requested to take upon himself...
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Atlantic Reporter, Volume 102

Law reports, digests, etc - 1918 - 1234 pages
...obligations of an indemnitor in a suit brought against his indemnitee have been stated as follows: "When a person is responsible over to another, either by operation of law or by express contract, and notice has been given him of the pendency of the suit, and he has been requested to take upon himself...
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