Norris, Caldwell & Co. v. Bean
West Virginia Supreme Court
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
- Fish v. HowlandNew York Court of Chancery · 1828
- Neely v. JonesWest Virginia Supreme Court · 1880
- Caldwell v. TaggartSupreme Court of the United States · 1830
- Carey v. HoxeySupreme Court of Georgia · 1852
3Cited by16 opinions
- Turk v. SkilesWest Virginia Supreme Court · 1893
- Jackson's Adm'r v. HullWest Virginia Supreme Court · 1883
- Bilmyer v. ShermanWest Virginia Supreme Court · 1884
- Grant v. Cumberland Valley Cement Co.West Virginia Supreme Court · 1905
- First National Bank of Webster Springs v. McGrawWest Virginia Supreme Court · 1919
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