| United States. Supreme Court - 1870 - 852 σελίδες
...which a very able and satisfactory discussion of the whole subject is had. They are there said to be " persons who not only have an interest in the controversy,...decree cannot be made without either affecting that in* 17 Howard, 130. Opinion of the court. terest, or leaving the controversy in such a condition that... | |
| United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 788 σελίδες
...without affecting other persons not before the court, the latter are not indispensable parties. 3. Persons who not only have an interest in the controversy,...the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience. * A bill to rescind a contract... | |
| United States. Supreme Court - 1870 - 840 σελίδες
...which a very able and satisfactory discussion of the whole subject is had. They are there said to be " persons who not only have an interest in the controversy,...decree cannot be made without either affecting that inOpinion of the court. terest, or leaving the controversy in such a condition that its final determination... | |
| Ohio. Supreme Court - 1880 - 792 σελίδες
...in speaking of the different classes of parties in equity, describes the third class as follows : " Persons who not only have an interest in the controversy,...but an interest of such a nature that a final decree can not be made without either affecting that interest, or leaving the controversy in such a condition... | |
| Abraham Clark Freeman - 1874 - 730 σελίδες
...quote and approve the following description of this third class as given in Shiels c. Barrow:' They are "persons who not only have an interest in the controversy...wholly inconsistent with equity and good conscience." He next stated that this description applied to all cotenants where the suit was for partition, saying:... | |
| 1878 - 540 σελίδες
...parties to a bill in equity, they were described as, 1st, formal parties; 2d, necessary parties; and. 3d, "persons who not only have an interest in the controversy,...but an interest of such a nature that a final decree can not be made without either affecting that interest, or leaving the controversy in such a condition... | |
| Massachusetts. Supreme Judicial Court - 1878 - 696 σελίδες
...interest is, according to the definition of Mr. Justice Curtis in Shields v. Barrow, above cited, " an interest of such a nature that a final decree cannot...the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience." See also Hurt v. Dennet^ 2... | |
| 1879 - 632 σελίδες
...to a bill in equity, they were described as — ist, formal parties; 2d, necessary parties; and 30!, "Persons who not only have an interest in the controversy,...wholly inconsistent with equity and good conscience. " Such are indispensable parties. And subsequent decisions held that it is only when an indispensable... | |
| 1910 - 2132 σελίδες
...without affecting other persons not before the court, the latter are not indispensable parties. (3) Persons who not only have an interest in the controversy,...the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience." Shields v. Barrow, 17 How.... | |
| 1889 - 1878 σελίδες
...without affecting other persons not before the court, the latter are not indispensable parties. (3) Persons who not only have an interest in the controversy,...the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience." The court further says: "It... | |
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