| United States. Supreme Court - 1870 - Liczba stron: 852
...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, but...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 - Liczba stron: 788
...affecting other persons not before the court, the latter are not indispensable parties. 3. Persons who not only have an interest in the controversy, but...wholly inconsistent with equity and good conscience. * A bill to rescind a contract affords an example of this [ * 140 ] kind. For, if only a part of those... | |
| United States. Supreme Court - 1870 - Liczba stron: 840
...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, but...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 - Liczba stron: 792
...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 - Liczba stron: 730
...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 but an...the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience." He next stated that this... | |
| 1879 - Liczba stron: 540
...complete and tinal justice can not be done between the parties to the suit without affecting these rights, or leaving the controversy in such a condition that...inconsistent with equity and good conscience." Shields v. Barrow, 17 How. 130. And in a late case the court say: "The act of Congress of 1839, and the rule of... | |
| 1878 - Liczba stron: 540
...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 - Liczba stron: 696
...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...wholly inconsistent with equity and good conscience." See also Hurt v. Dennet^ 2 Bro. Ch. 225 ; Armstrong v. Lear, 8 Pet. 52 Seart T. Hardy, 120 Mass. 524.... | |
| 1879 - Liczba stron: 632
...equity, they were described as — ist, formal parties; 2d, necessary parties; and 30!, "Persons who not only have an interest in the controversy, but...the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. " Such are indispensable... | |
| 1910 - Liczba stron: 2132
...affecting other persons not before the court, the latter are not indispensable parties. (3) Persons who not only have an interest in the controversy, but...inconsistent with equity and good conscience." Shields v. Barrow, 17 How. 130, 139, 15 L. Ed. 158. Th Supreme Court in Waterman v. Canal Louisiana Bank Co.,... | |
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