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" ... the case against one defendant may be so entire, as to be incapable of being prosecuted in several suits ; and yet some other defendant may be a necessary party to some portion only of the case stated. "
Reports of Cases Argued and Determined in the Supreme Court of Alabama - Σελίδα 763
των Alabama. Supreme Court - 1848
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The American Jurist and Law Magazine, Τόμος 6;Τόμος 24

1843 - 530 σελίδες
...hesitation, held good. SC 4. (Multifariousness — Entire case.) Where the case against one defendant is so entire as to be incapable of being prosecuted in several suits, but yet another defendant is a necessary party in respect of a portion only of the case, such other...

The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1839 - 576 σελίδες
...a case. There might be many instances of a denial of justice: the case against one defendant might be so entire, as to be incapable of being prosecuted in several suits, and yet some other defendant 'might be a necessary party to some portion only of the case stated ; I think,...

Reports of Cases Decided in the High Court of Chancery ...: With Notes and ...

Great Britain. Court of Chancery - 1843 - 986 σελίδες
...reversed.[l] («) Jac. 153. (6) See Pearte v. Hewit, 7 Sim. 471. [1] When the cane against one defendant is so entire, as to be incapable of being prosecuted in several suits, but yet another defendant is a necessary party in respect only of a portion of that case, euch other...

Reports of Cases Heard and Decided in the House of Lords on Appeals ..., Τόμος 8

Great Britain. Parliament. House of Lords - 1843 - 862 σελίδες
...PARR GKNERAL. 1842. incapable of being prosecuted in several suits, and yet some other defendant might be a necessary party to some portion only of the case stated (u)." And then ATTORNEY- his Lordship refers to the case of Turner v. Robinson(x}. There is no similitude...

Reports of Cases at Law and in Equity, Argued and Determined in the ..., Τόμος 5

Alabama. Supreme Court - 1844 - 896 σελίδες
...is entirely distinct and separate in its subject matter from that of the other defendants ; for the case against one defendant may be so entire, as to...may be a necessary party to some portion only of the ease stated. In the latter case, multifariousness would not be an available objection." [Story's Eq....

Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - 1844 - 1252 σελίδες
...against one defendant may be so entire, as to be incapable of being prosecuted in several suits ; and yet some other defendant may be a necessary party to some...portion only of the case stated. In the latter case, the objection of multifariousness could not be allowed to prevail.1 So, it is not indispensable, that...

Commentaries on Equity Pleadings, and the Incidents Thereof: According to ...

Joseph Story - 1844 - 970 σελίδες
...is entirely distinct and separate in its subject-matter from that of the other defendants ; for the case against one defendant may be so entire, as to...incapable of being prosecuted in several suits ; and yet some other defendant may be a necessary party to some portion only of the case stated. In the latter...

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 20

Arkansas. Supreme Court - 1859 - 738 σελίδες
...defendant is entirely distinct and separate in its subject matter from that of other defendants; for the case against one defendant may be so entire as to...incapable of being prosecuted in several suits; and yet, some other defendant may be a necessary party to some portion only of the case stated. In the...

Pleading and Practice of the High Court of Chancery, Μέρος 185

Edmund Robert Daniell - 1846 - 848 σελίδες
...demurrer. And in the case of the Attorney-general r. Poole (r), where the case against one defendant was so entire as to be incapable of being prosecuted in several suits ; but yet another defendant was a necessary party in respect of a portion only of that case, it was...

Irish Equity Reports, Τόμος 9

1847 - 858 σελίδες
...case, there might, in many instances, be a denial of justice ; the case against one defendant might be so entire as to be incapable of being prosecuted in several suits, and yet some other defendant might be a necessary party to some portion only of the case stated." Lord...




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