Patton v. Marshall
Court of Appeals for the Fourth Circuit
Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. Suit in equity by Elwood D. Eulton against T. Marcellus Marshall and others. To a cross-bill filed by Marshall, making them parties, John Patton and Thomas L. Evans demurred. From an order overruling the demurrer and granting an injunction staying an action in a state court, they appeal.
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Appeal from the Circuit Court of the United States for the Northern District of West Virginia, at Parkersburg. Suit in equity by Elwood D. Eulton against T. Marcellus Marshall and others. To a cross-bill filed by Marshall, making them parties, John Patton and Thomas L. Evans demurred. From an order overruling the demurrer and granting an injunction staying an action in a state court, they appeal. On the 2d of October, 1901, T. Marcellus Marshall, residing in the state of West Virginia, entered into a contract with John Patton and T. L. Evans as follows: “X hereby authorize John Patton and T.…
1Opinion of the CourtBoyd, District Judge
(after stating the facts as above). It is the privilege of a complainant in a bill in equity to make such parties defendant in his suit as he may elect, provided such parties come within the class of tiecessary parties, or proper parties, or both; but even the complainant has no right to go beyond these 'classes, and bring into his suit those who have no connection with the controversy disclosed in the bill, nor interest or concern in its determination. It seems that the complainant in the equity cause of Fulton against Marshall, pending in the Circuit Court of the United States, had brought…
2Cases cited14 opinions
- Shields v. BarrowSupreme Court of the United States · 1855
- Peck v. JennessSupreme Court of the United States · 1849
- Kern v. HuidekoperSupreme Court of the United States · 1881
- French v. HaySupreme Court of the United States · 1875
- Dietzsch v. HuidekoperSupreme Court of the United States · 1881
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- Trickett v. Kaw Valley Drainage Dist. of Wyandotte County, Kan.Court of Appeals for the Eighth Circuit · 1928
- American Employers' Insurance v. LindquistDistrict Court, N.D. California · 1942
- Pierce v. National Bank of CommerceCourt of Appeals for the Eighth Circuit · 1922
- United States v. WoodsCourt of Appeals for the Eighth Circuit · 1915
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