Legal Opinion

Norris, Caldwell & Co. v. Bean

West Virginia Supreme Court

Decided April 30, 1881PublishedCited by 16 opinions

Lppeal from and supersedeas to a decree of the circuit court of the connty of Hardy, rendered on the 14th day of September, 1877, in a cause in said court then pending, wherein Norris, Caldwell & Company were plaintiffs and Johnson Bean and others were defendants, allowed upon the petition of George Bean for use of T. J. Grove. A Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from.

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Lppeal from and supersedeas to a decree of the circuit court of the connty of Hardy, rendered on the 14th day of September, 1877, in a cause in said court then pending, wherein Norris, Caldwell & Company were plaintiffs and Johnson Bean and others were defendants, allowed upon the petition of George Bean for use of T. J. Grove. A Hon. John Blair Hoge, judge of the third judicial circuit, rendered the decree appealed from. GreeN, PresideNT, furnishes the following statement of the case : The statement of the case made by the appellant in his petition for an appeal with slight modifications…

1Opinion of the Court

Green, President,

announced the opinion of the Court:

The first question presented by this record is, whether the necessary parties to this cause were before the circuit court to justify it in rendering a decree on its merits. It is a general rule in equity (subject however to many exceptions), that all persons.materially interested either legally or beneficially in the subject-matter of the suit ought to be made parties to it either as plaintiffs or defendants, so that there may be a decree, that shall bind them all, and full justice be done to all in the one suit. Caldwell v. Taggart et al.,…

2Cases cited4 opinions

  1. Fish v. HowlandNew York Court of Chancery · 1828
  2. Neely v. JonesWest Virginia Supreme Court · 1880
  3. Caldwell v. TaggartSupreme Court of the United States · 1830
  4. Carey v. HoxeySupreme Court of Georgia · 1852

3Cited by16 opinions

  1. Turk v. SkilesWest Virginia Supreme Court · 1893
  2. Jackson's Adm'r v. HullWest Virginia Supreme Court · 1883
  3. Bilmyer v. ShermanWest Virginia Supreme Court · 1884
  4. Grant v. Cumberland Valley Cement Co.West Virginia Supreme Court · 1905
  5. First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919

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