Feb 24, 2020 13:16
4 yrs ago
43 viewers *
English term
openly within the/this state
English
Law/Patents
Law (general)
When several actions are brought on one bond, undertaking, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same cause of action against several parties, who might have been joined as defendants in the same action, no costs or disbursements shall be allowed to the plaintiff in more than one of such actions, which may be at his or her election, if the parties proceeded against in the other actions were, at the commencement of the previous action, openly within this state.
https://app.leg.wa.gov/RCW/default.aspx?cite=4.84.050
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When several actions are brought on one bond, recognizance, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same claim for relief against several parties who might have been joined as defendants in the same action, no costs other than disbursements may be allowed to the plaintiff in more than one of such actions, which must be at the plaintiff's election, if the party or parties proceeded against in such action or actions, at the time of the commencement of the previous action or actions, has been openly within this state and not secreted.
https://casetext.com/statute/north-dakota-century-code/title...
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and more ...
openly within this state - https://ishr.site/dFpk
openly within the state - https://ishr.site/qMb3
https://app.leg.wa.gov/RCW/default.aspx?cite=4.84.050
--
When several actions are brought on one bond, recognizance, promissory note, bill of exchange, or other instrument in writing, or in any other case for the same claim for relief against several parties who might have been joined as defendants in the same action, no costs other than disbursements may be allowed to the plaintiff in more than one of such actions, which must be at the plaintiff's election, if the party or parties proceeded against in such action or actions, at the time of the commencement of the previous action or actions, has been openly within this state and not secreted.
https://casetext.com/statute/north-dakota-century-code/title...
--
and more ...
openly within this state - https://ishr.site/dFpk
openly within the state - https://ishr.site/qMb3
Responses
+4
1 hr
Selected
openly present in the/this state
The claimant is penalised where it sues out separate actions against defendants "who might have been joined as defendants in the same action". The "might have been joined" includes the proviso that the potential defendants are openly resident within the state, i.e. are not concealed, or in hiding.
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Note added at 1 hr (2020-02-24 14:53:14 GMT)
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resident or just present
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Note added at 1 hr (2020-02-24 14:53:14 GMT)
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resident or just present
Note from asker:
thank you |
Peer comment(s):
agree |
AllegroTrans
: are not concealed or in hiding is the only meaning I can get out of this, but I think it's probably a convoluted way of saying "resident in this state"; no doubt the wording is a hangover from bandit and fugitive days...
1 hr
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Thanks
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agree |
Daryo
: not necessarily "hiding" - maybe just fictively presenting themselves as being located / based elsewhere, out of that State
9 hrs
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Thanks
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agree |
mike23
17 hrs
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Thanks
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agree |
Yvonne Gallagher
20 hrs
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Thanks
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4 KudoZ points awarded for this answer.
Comment: "thank you"
-1
1 hr
كانوا (عند بدء الإجراء السابق) منواجدين بصورة علنية داخل حدود الولاية/هذه الولاية
لأنه يتكلم عن أطراف وبالنسبة لكلمة ولاية قد يكون المقصود بها ولاية أو دولة ويُعرف ذلك من سياق الكلام والله أعلم
Note from asker:
thank you for your input, but perhaps you could switch to the language indicated in this question |
Discussion
They may appear as being based / registered elsewhere, as operating mainly elsewhere, as being just mere "passing visitors" in that State, doing just some occasional business there, while in fact their real operations are all within that State, and everything out if it is no more than a shell / a facade (to put themselves in a more favorable jurisdiction, or for some other reasons, like making themselves more difficult to get hold of ...)
here are some ideas put forward in the discussion area;
a) person/entity living within the state borders
b) person/entity doing business within the state borders
c) person/entity licensed/registered to do business within the state borders
the answer that was provided, leans toward interpretation of "openly" as "the other open cases" related to the first/original case on the docket .... or so it seems ...
I can't read your Polish question. Has it come up with any useful insights?