 | 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 - Law reports, digests, etc - 1867 - 674 pages
...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... | |
 | New York (State), William Wait - Civil procedure - 1871 - 1034 pages
...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... | |
 | New Jersey. Court of Chancery - Equity - 1871 - 670 pages
...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... | |
 | California - Civil procedure - 1872 - 774 pages
...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...property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant. Original... | |
 | California - Civil procedure - 1872 - 892 pages
...Cal., p. 88. Who may 379. (§ 13.) Any person may be made a defendbe joined as JLJ defendants. ant who has or claims an interest in the controversy adverse...property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant. NOTK.—... | |
 | William Wait - Civil procedure - 1872 - 950 pages
...or those whom they represent, still remains to be considered. The Code gives the general rule, that any person may be made a defendant who has or claims...party to a complete determination or settlement of the questions involved therein. Code, § 118. The rule of the Code was borrowed from the chancery practice,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1872 - 1546 pages
...subject-matter of the controversy, may be joined as plaintiffs." The 118th that: " Any person may be a defendant who has or claims an interest in the controversy...determination or settlement of the question involved therein." The 119th enacts that: " Of the parties to the action, those who are united in interest must join as... | |
 | California, Creed Haymond, John Chilton Burch, John Hill McKune - Civil procedure - 1872 - 886 pages
...plaintiff, or who is a necessary party to a complete determination or settlement of the ques13* tion involved therein. And in an action to determine the...property which, at the time of the commencement of the action, is in the possession of a tenant, the landlord may be joined as a party defendant. ',-irlion... | |
 | Francis Hilliard - Remedies (Law) - 1873 - 852 pages
...delivered, and who refuses to give them up on demand. It is said by the court, " 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. Both these defendants claim an interest in the goods adverse to the plaintiffs... | |
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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. 
