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" the general rule of the court, to be sure, is, where a debt is joint and several, the plaintiff must bring each of the debtors before the court, because they are entitled to the assistance of each other in taking the account : another reason is, that... "
A Treatise on the Principles and Practice of the High Court of Chancery ... - Page 299
de Henry Maddock - 1817
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The Present Practice and Costs in the High Court ..., Volumes 1 à 2 ;Volume 952

Samuel Turner - 1825 - 1024 pages
...against" but that all the Parties liable must be brought before the Court (k) ; because the Debtors are entitled to the Assistance of each other in taking the Account and where one pays more than his Share of the Debt, the Debtors are entitled to Contribution (/) ;...
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Reports of Cases Decided in the Court of Chancery of the State of ..., Volume 53

New Jersey. Court of Chancery - 1896 - 776 pages
...the statute. In Madox v. Jackson, 3 Atk. 406, Lord Hardwicke says : " The general rule of the court is, where a debt is joint and several, the plaintiff...they are entitled to the assistance of each other for taking the account." 1 Dan. Ch. Pr. (3d Am, ed.) 264; Oi/ord v. Thorn, 3 Hoist. Ch. 90, 94 (Chancellor...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 6

Maryland. Court of Appeals, Richard W. Gill, John Johnson, Richard Wordsworth Gill - 1836 - 566 pages
...parties, in relation to the taking of the account. In 3 Atki:is. 406, 407, the lord Chancellor says, "the general rule of the court to be sure is, where...plaintiff must bring each of the debtors before the courts, because they are entitled to the assistance of each other in Lewis, use of Ringgold's Adm'r,...
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Reports of Cases Decided in the High Court of Chancery of Maryland ..., Volume 2

Maryland. High Court of Chancery, Theodorick Bland - 1840 - 722 pages
...bring each of the debtors before the court. The reasons for which general rule are, that such debtors are entitled to the assistance of each other in taking the account ; that it is necessary to prevent circuity of action ; because the court may decree over as between...
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Reports of Cases Decided in the High Court of Chancery of Maryland ..., Volume 2

Maryland. High Court of Chancery, Theodorick Bland - 1840 - 728 pages
...bring each of the debtors before the court. The reasons for which general rule are, that such debtors are entitled to the assistance of each other in taking the account ; that it is necessary to prevent circuity of action ; because the court nay decree over as between...
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A Treatise on the Practice of the High Court of Chancery: With ..., Volume 1

Edmund Robert Daniell - 1845 - 566 pages
...Hardwicke, although he over-ruled the objection upon the special circumstances of that ease, said, "the general rule of the Court, to be sure is, where...Another reason is, that the debtors are entitled to a contribuiion where one pays more than his share of the debt ; a further reason is, that if there are...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 7

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 720 pages
...because the representatives of the third obligor were not before the court. But by Lord Hardwicke, — The general rule of the court, to be sure, is, where...the assistance of each other in taking the account, (a) Another reason is, that the debtors are entitled to a contribution, where one pays more than his...
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Pleading and Practice of the High Court of Chancery, Partie 185

Edmund Robert Daniell - 1846 - 848 pages
...146, and notes. Persons joint- In the case of Madox u. Jackson (g), Lord Hardwicke said, itable™ ^ " The general rule of the Court to be sure is, where a debt U joint and several, the plaintiff must bring each of the debtors before the Court, because they are...
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Commentaries on the Law of Suretyship, and the Rights and Obligations of the ...

William Burge - 1847 - 626 pages
...for payment of a true debt of l00/. due from B. (z). The general rule of the Court of Equity is that where a debt is joint and several, the plaintiff must...the assistance of each other in taking the account, and because the debtors are entitled to a contribution, where one pays more than his share of the debt....
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 4

Georgia. Supreme Court - 1848 - 702 pages
...sureties, must bo joined, to avoid circuity of action ; because they are entitled to contribution, and because they are entitled to the assistance of each other in taking the account of what remains due on the bond. An indorser is certainly, upon these principles, entitled to have...
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