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" 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 Statutes Annotated: Containing All the Laws of the United States ... - Page 577
by United States - 1922
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 6; Volume 73

United States. Supreme Court - 1870 - 852 pages
...which a very 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,...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...
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Reports of Decisions in the Supreme Court of the United States ..., Volume 21

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 788 pages
...without affecting other persons not before the court, the latter are not indispensable parties. 3. Persons who not only have an interest in the controversy,...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...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 73

United States. Supreme Court - 1870 - 840 pages
...which a very 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,...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...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 35

Ohio. Supreme Court - 1880 - 792 pages
...in speaking 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...
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Cotenancy and Partition: a Treatise on the Law of Co-ownership as it Exists ...

Abraham Clark Freeman - 1874 - 730 pages
...quote and approve 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...the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience." He next stated that this...
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The Central Law Journal, Volume 9

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...
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The Central Law Journal, Volume 7

1878 - 540 pages
...parties to a bill 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...
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Massachusetts Reports, Volume 122

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....
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 6

1879 - 632 pages
...to a bill in equity, they were described as — ist, formal parties; 2d, necessary parties; and 30!, "Persons who not only have an interest in the controversy,...the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. " Such are indispensable...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 39-40

1889 - 1878 pages
...without affecting other persons not before the court, the latter are not indispensable parties. (3) Persons who not only have an interest in the controversy,...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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