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" ... shall be heard and determined as in other cases; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives... "
The American Admiralty, Its Jurisdiction and Practice: With Practical Forms ... - Page 352
by Erastus Cornelius Benedict - 1850 - 651 pages
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A Summary of Practice in Instance, Revenue and Prize Causes: In the ...

Samuel Rossiter Betts - Admiralty - 1838 - 236 pages
...may suggest the death on the record, and have an order, on motion, that unless the representatives become parties within the first ten days of the ensuing term, the respondent may have the appeal dismissed, or that the appellant may proceed exparte. The order must...
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The Admiralty Jurisdiction: Law and Practice of the Courts of the United ...

Alfred Conkling - Admiralty - 1857 - 650 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order, that unless such representatives shall become parties within the first ten days (a) The Collector, 6 Wheaton's R., 194 (5 Curtis's Decis. SC, 58). (6) Id. and The Grotius, 1 Gallison's...
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A Treatise on the Organization and Jurisdiction of the Supreme, Circuit and ...

Alfred Conkling - Court rules - 1864 - 950 pages
...the delay. No. 15. — DEATH OF A PAKTT. party may suggest the death on the record, and thereupon, on motion, obtain an order, that unless such representatives...ensuing term, the party moving for such order, if the defendant in error, shall be entitled to have the writ of error or appeal dismissed ; and if the...
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North Carolina Reports: Cases Argued and Determined in the ..., Volume 140

North Carolina. Supreme Court - Law reports, digests, etc - 1905 - 922 pages
...voluntarily become parties, then the opposing party may suggest the death upon the record, and thereupon, on motion, obtain an order that, unless such representatives shall become parties within the first five days of the ensuing term, the party moving for such order shall be entitled to have the appeal...
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Rules of the Supreme Court of the United States: And Rules of Practice for ...

United States. Supreme Court - Court rules - 1874 - 152 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order, that unless such representatives...party moving for such order, if defendant in error, shaH be entitled to have the writ of error or appeal dismissed; and if the party so moving shall be...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volume 14

Florida. Supreme Court - Law reports, digests, etc - 1887 - 738 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within the first three days of the ensuing term, the party moving for such order shall (if defendant in error or appellee)...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 47-48

Law reports, digests, etc - 1892 - 1912 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that, unless such representatives shall become parties within sixty days, the party moving for such order, if defendant in error, shall be entitled to have the writ...
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Federal Practice: Consisting of the Statutes of the United States Relating ...

William Edward Miller - Courts - 1881 - 728 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives...shall be entitled to have the writ of error or appeal dimissed; and if the party so moving shall be plaintiff in error, he shall be entitled to open the...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 7

United States. Supreme Court - Law reports, digests, etc - 1882 - 1074 pages
...voluntarily become parties, then the other party may suggest the death on the record; and thereupon, on motion, obtain an order, that, unless such representatives...moving for such order, if defendant in error, shall be entilled to have the writ of error or appeal dismissed: and if the party so moving, shall be plaintiff...
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A Digest of Statutes, Rules, and Decisions: Relative to the Jurisdiction and ...

Erastus Thatcher - Law reports, digests, etc - 1883 - 640 pages
...voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that, unless such representatives...moving for such order, if defendant in error, shall he entitled to have the writ of error or appeal dismissed ; and if the party so moving shall be plaintiff...
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