| John Townshend - 1867 - 298 Seiten
...except as otherwise provided in this title. § 11§. [98.] (Am'd 1849, 1867.) Who to be defendant. Any person may be made a defendant who has or claims...determination or settlement of the questions involved therein ; and in an action to recover the possession of real estate, the landlord and tenant thereof may be... | |
| New York (State) - 1867 - 1086 Seiten
...168). § 118. [98.] (Am'd 1849.) Who to be defendant. Any person may be made a defendant, who lias or claims an interest in the controversy, adverse...determination or settlement of the questions involved therein. h. Account. — In an action by one of eleven harbor-masters of the port of New York against another... | |
| California, Theodore Henry Hittell - 1868 - 416 Seiten
...plaintiffs, except when otherwise provided in this act. (Vho to lte defendants. § 13.* Any person may he made a defendant, who has or claims an interest in...party to a complete determination or settlement of the question involved therein. [8 Cal. 514; 9 Cal. 268; 22 Cal. 200; 30 Cal. 401, 586; 31 Cal. 420.] (Vho... | |
| 1868 - 584 Seiten
...Parker came to a different conclusion ; but he puts his decision on section 118, which provides that " any person may be made a defendant who has or" claims...the controversy, adverse to the plaintiff, or who is amecessary party to a complete determination or settlement of the questions involved therein." That... | |
| Austin Abbott - 1868 - 618 Seiten
...and 238 of the Code. 2. Not defendant, as he has no interest adverse to the plaintiff; and he is not a necessary party to a complete determination or settlement of the questions involved. (Code, § 118.) 3. The sheriff is an officer of the court, and this action seeks to compel the delivery... | |
| South Carolina - 1868 - 942 Seiten
...relief demanded, may be joined as plaintiffs, except be as otherwise provided in this title. SEC. 141. Any person may be made a defendant who has or claims an who to be interest in the controversy adverse to the plaintiff, or who is a necessary n party to a... | |
| Iowa. Supreme Court - 1869 - 656 Seiten
...party in proceedings for the adjudication of claims against the bank. Under our Eevision, section 2761, any person may be made a defendant who has, or claims,...to a complete determination, or settlement of the question, involved in the action." As we have just seen, the receiver is a proper party, as representing... | |
| 1869 - 392 Seiten
...been done in this case. The plaintiff contended that the rule had been altered by the Code. " § 118. Any person may be made a defendant who has or claims...adverse to the plaintiff, or who is a necessary party to the complete determination or settlement of the question involved therein." § 69 was also adverted... | |
| North Carolina. Supreme Court - 1877 - 644 Seiten
...what the rule would have been before our Code of Procedure. Section 61 of the Code says: "Any pei-son may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, &c ;" and section 248, sub-section 3, says: "In an action against several defendants the Court may,... | |
| 1869 - 622 Seiten
...heretofore rendered in one. IV. By section 118 of the Code, " any person may be made a party-defendant who is a necessary party to a complete determination...or settlement of the questions involved therein," and in this case, the defendant demurring is a necessary party. (See Simonson a. Blake, 12 Abbotts'... | |
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