 | Montana. Supreme Court - Law reports, digests, etc - 1905 - 762 pages
...83 Oal. 477, 23 Pac. 706-709; Murray v. Lovejoy, 2 Cliff. 191, 17 Fed. Cas. No. 9963.) When a party is responsible over to another, either by operation of law or by contract, and such party has notice of the action and an opportunity to participate in the trial of... | |
 | Hawaii. Supreme Court - Law reports, digests, etc - 1906 - 724 pages
...Gray 496; Littleton v., Richardson, 34 K H. 187, are to the same effect, the rule being stated that "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 is no longer regarded as a stranger because he has the right to appear... | |
 | Louis Lougee Hammon - Burden of proof - 1907 - 748 pages
...been undertaken and conducted openly and with notice to the adverse party.49 Persons liable over. If a person is responsible over to another, either by operation of law or by express contract, and notice has been given him to come in and defend a suit against the latter, whether or not he does so,... | |
 | Law reports, digests, etc - 1913 - 1346 pages
...The same principle of law is thus stated in Littleton v. Richardson, 34 N. II. 1S7 [66 Am. Dee. 759]: 'When a person is responsible over to another, either...pendency of the suit and requested to take upon him the defense of it, he is no longer regarded as a stranger, because he has the right to appear and defend... | |
 | Melville Madison Bigelow - Equity - 1913 - 948 pages
...might indicate; its full extent is thus set forth by Mr. Justice Bell in 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 no longer regarded as a stranger, because he has the right to appear... | |
 | Law reports, digests, etc - 1913 - 1346 pages
...Richardson, 34 NH 187 [66 Am. Dec. 759]: 'When a person is responsible over to another, either by opération of law or by express contract, « * » and he is duly...pendency of the suit and requested to take upon him the defense of It, he is no longer regarded as a stranger, because he has the right to appear and defend... | |
 | Lev Russell - Annotations and citations (Law) - 1913 - 932 pages
...Nat'l Bk. of Danvenport v. City Nat'l Bank of Clinton, 1 1 1 Iowa 213, 214, 82 NW 465, holding that when a person is responsible over to another, either by operation of law or express contract, and he is duly notified of the pendency of the suit, and requested to take upon himself... | |
 | Burr W. Jones, Louis Horwitz - Evidence (Law) - 1914 - 996 pages
...is responsible over to another for whatever may be justly recovered in a suit against the other, and is duly notified of the pendency of the suit and requested to take upon himself the defense of it, and is given an opportunity to do so, the judgment, if obtained without... | |
 | Montana. Supreme Court - Law reports, digests, etc - 1916 - 740 pages
...sec. 5442; 1 Lawson's Rights and Remedies, sees. 95, 97 ; Howe v. Buffalo etc. R. Co., 37 NY 297.) 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... | |
 | North Carolina. Supreme Court - Law reports, digests, etc - 1918 - 1016 pages
...doctrine is made clear in 24 A. & E. Enc. of Law (2 Ed.), where it is said, at pp. 740-741 : "Where a person is responsible over to another, either by operation of law or by express contract for whatever may be justly recovered in a suit against each other, and he is duly notified of the pendency... | |
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... the defense of it, he is no longer regarded as a stranger, because he has the right to appear and defend the action, and has the same means and advantages of controverting the claim as if he was the real and nominal party upon the record. 
