 Persons who not only have an interest in the controversy, but an interest, of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly...  The Federal Reporter - Page 201921Full view - About this book
 | United States. Supreme Court - 1870 - 852 pages
...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 an interest of...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 pages
...persons not before the court, the latter are not indispensable parties. 3. Persons who not only have an interest in the controversy, but an interest of...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 - 840 pages
...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 an interest of...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 pages
...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 pages
...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 interest of...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 - 540 pages
...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...wholly 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... | |
 | 1878 - 540 pages
...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 pages
...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 - 632 pages
...were described as — ist, formal parties; 2d, necessary parties; and 30!, "Persons who not only have an interest in the controversy, but an interest of...the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. " Such are indispensable... | |
 | 1889 - 1878 pages
...persons not before the court, the latter are not indispensable parties. (3) Persons who not only have an interest in the controversy, but an interest of...inconsistent with equity and good conscience." The court further says: "It remains true, notwithstanding the act of congress and the 47th rule, that a... | |
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