| Nathan Howard (Jr.) - Civil procedure - 1852 - 546 pages
...by the Code. Section 1 18 of the Code allows any person to be made a defendant who has or claims an interest in the controversy adverse to the plaintiff,...settlement of the questions involved therein, and under it, when a misjoinder of parties is objected, the inquiry must necessarily be, has the party... | |
| Nathan Howard (Jr.) - Civil procedure - 1852 - 496 pages
...changed. Section 118 of the code provides " that any person may be made defendant, who has or claims an interest in the controversy adverse to the plaintiff,...or settlement of the questions involved therein." This is applicable to every civil action, including as well cases in which the remedy would formerly... | |
| New York (State) - Civil procedure - 1852 - 606 pages
...[98.] (Amended 1849.) Who to le defendant.— Any person may be made a defendant, who has or claims an interest in the controversy, adverse to the plaintiff,...party to a complete determination or settlement of the question involved therein. When the plaintiff in a suit in partition makes persons defendants who have... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1852 - 740 pages
...to the plaintiff." (Code of 1848, § 98.) "Any person may be made a defendant who has or claims an interest in the controversy, adverse to the plaintiff,...party to a complete determination or settlement of the question involved therein." (Code of 1849, $ 118.) % 297 WARREN SPECIAL TERM, August, 1850. Hand, Justice.... | |
| California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...action, a party. SEC. 13. Any person may be made a defendant, who has or claims who to be defendant. an interest in the controversy, adverse to the plaintiff,...party to a complete determination or settlement of the question involved therein. SEC. 14. Of the parties to the action, those who are united in in- who to... | |
| Nathan Howard (Jr.) - Civil procedure - 1853 - 594 pages
...indeed for excess, but for defect of parties. " Any person may be made a defendant who has, or claims an interest in the controversy adverse to the plaintiff,...party to a complete determination or settlement of the question involved therein." Code, section 118. Judgment must be entered declaring the rights of the... | |
| Claudius L. Monell - Civil procedure - 1854 - 508 pages
...the general rule on this subject; it says,(6) any person may be made defendant, who has or claims an interest in the controversy, adverse to the plaintiff,...determination or settlement of the questions involved therein. The Revised Statutes authorizes every person having an interest in the premises, whether in possession... | |
| Oliver Lorenzo Barbour, New York (State). Supreme Court - Law reports, digests, etc - 1854 - 722 pages
...Jackson neither have or claim an interest in the controversy adverse to the plaintiff, nor are they a necessary party to a complete determination or settlement of the questions involved ; nor are they united in interest with any of the other parties. The plaintiff, by suing them jointly... | |
| New York (State) - Civil procedure - 1855 - 802 pages
...[98.] (Amended 1849.) Who to be defendant. Any person may be made a defendant, who has or claims an interest in the controversy, adverse to the plaintiff,...party to a complete determination or settlement of the question involved therein. g. This section was borrowed from the chancery practice, and was intended... | |
| Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1856 - 798 pages
...Section 18, p. 31, 2 RS 1852, reads thus : " Any person may be made a defendant who has, or claims, an interest in the controversy, adverse to the plaintiff,...determination or settlement of the questions involved." It is consistent with the letter and spirit of this section, to join the stockholders in a suit with... | |
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