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" Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. "
Practice Reports in the Supreme Court and Court of Appeals - Seite 285
von Nathan Howard (Jr.) - 1853
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Statutes at Large of the State of New York: Comprising the Revised ..., Band 7

New York (State) - 1870 - 860 Seiten
...hereby amended so as to read as follows : $ 118. Any person may be made a defendant who has or who maj claims an interest in the controversy adverse to the...party to a complete determination or settlement of the questions involved therein ; and in an action In wh.at d to recover the possession of real estate,...
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Acts, Resolutions and Memorials Passed at the Annual Sessions of the ...

Utah (Ter.) - 1870 - 162 Seiten
...defendant, who has, or whoemaynbe claims, an interest in the controversy, adverse to the plaintiff, made. " or who is a necessary party to a complete determination or settlement of the question involved^ therein. SEC. 14. Of the parties to the action, those who are united be joSedThot° *n interest shall be joined...
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 Seiten
...who-has Any pertml or claims an interest in the controversy adverse to the •>«f«"1«'«plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein. SEC. 42. Of the parties to the action, those who are . . J united in interest shall be joined as plaintiffs...
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A Treatise on the Remedy by Ejectment and the Law of Adverse Enjoyment in ...

Ransom Hebbard Tyler - 1870 - 982 Seiten
...be joined with the tenant in possession in actions to recover the possession of real property, as " a necessary party to a complete determination or settlement of the question involved." But the court took a different view, and held, that in ejectment the landlord is not a necessary party,...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Band 23

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1867 - 674 Seiten
...trustee ; Michael had the possession and refused to surrender it on demand. The Code provides that any person may be made a defendant who has or claims...party to a complete determination or settlement of the questions involved therein. (§ 118.) Both these defendants claim an interest in the goods adverse...
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The Code of Procedure of the State of New York: As Amended to 1871, with ...

New York (State), William Wait - 1871 - 1034 Seiten
...5. See notes under § 111, ante. § 118. [98.] (Am'd 1849, 1867.) Who may be joined ae defendant«. Any person may be made a defendant who has or claims...party to a complete determination or settlement of the questions involved therein ; and in an action to recover the possession of real estate, the landlord...
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Reports of Cases Argued and Determined in the Court of Chancery, the ..., Band 6

New Jersey. Court of Chancery - 1871 - 670 Seiten
...the action may be joined as plaintiffs, with certain exceptions. Section 118, that any person may be a defendant who has or claims an interest in the controversy...who is a necessary party to a complete determination and settlement of the questions involved therein. Section 119, that those united in interest must be...
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Senate Documents, Otherwise Publ. as Public Documents and Executive ..., Band 1

United States. Congress. Senate - 1871 - 1254 Seiten
...in the subject of the action may be joined as plaintiffs ; aud any person who has or claims to have an interest in the controversy adverse to the plaintiff,...is a necessary party to a complete determination or settl' m> :i; 4f the question involved therein, may bo made a defendant. rties to bills of exchange...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 Seiten
...Cal. 420; 33 Cal. 497; 37 Cal. 34, 183. Tenants in common : 21 Cal. 202 ; 30 Cal. 481. $ 379. (§ 13.) Any person may be made a defendant who has or claims...determination or settlement of the question involved therein. And in an action to determine the title or right of possession to real property which, at the time...
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The Code of Civil Procedure of the State of California, Band 1

California - 1872 - 892 Seiten
...the Court say: "It was decided at an early day in this Court that the provision of this section, that 'any person may be made a defendant who has or claims...interest in the controversy adverse to the plaintiff,' was not applicable to actions of ejectment. — Garner vs. Marshal, 9 Cal., p. 270; see, also, Hawkins...
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