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The Encyclopaedia of Pleading and Practice Volume 15; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases

The Encyclopaedia of Pleading and Practice Volume 15; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1899 Excerpt: ...10 111. 332; Elder v. Jones, 85 111. 384; Moore v. School Trustees, 19 111. 83; Hoare v. Harris, 11 111. 24. Kansas.--Ross v. Noble, 6 Kan. App. 361. New Hampshire.--Batchelder v. Wendell, 36 N. H. 204. New Jersey.--Dunn v. Seymour, 11 N. J. Eq. 220. North Carolina.--Barrett v. Brown, 86 N. Car. 556. Pennsylvania.--Potter v. Hoppin, 10 Phila. (Pa.) 396, 32 Leg. Int. (Pa.) 66. Virginia.--Crawford v. M'Daniel, t Rob. (Va.) 473; Jameson v. Deshields, 3 Gratt. (Va.) 14. West Virginia.--Chapman v. Pittsburgh, etc., R. Co., 18 W. Va. 184; Fleming v. Holt, 12 W. Va. 143; Williamson v. Jones. 43 W. Va. 562. United States.--Caldwell v. Taggart, 4 Pet. (U. S.) 190; Smith v. Portland, 30 Fed. Rep. 734; Bland v. Fleeman, 29 Fed. Rep. 669. Volume XV. legal title is alone considered, while in equity the real beneficial or equitable title is often considered to the exclusion of the legal title.1 (4) Persons Without Legal or Beneficial Interest.--Persons with neither legal nor beneficial interest in the suit, and who cannot be affected by the decree, are neither necessary nor proper parties.8 (5) Slight and Remote Interests.--Any interest, however slight 3 or remote,4 is sufficient to require or justify making its possessor a party. (6) Simple Contract Creditors.--A simple contract creditor has no such interest as entitles him to be made a party to a bona fide litigation carried on by his debtor as to the title of property. (7) Desires or Wishes Insufficient.--Mere desires in relation to the subject of the controversy do not constitute a sufficient interest within the meaning of the rule.6 (8) Interest Defeasible by Act of Defendant.--Where the plaintiff's interest might be barred or defeated at any time by an act of the defendant his interest is not such as will sustain a...


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Product Details
  • ISBN-13: 9781130288643
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 710
  • Spine Width: 36 mm
  • Width: 189 mm
  • ISBN-10: 1130288641
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1247 gr


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