 | 1841 - 634 pages
...adding parties : but the Court, if it thinks fit, shall be at liberty to dismiss the bill. XL. That if a defendant shall, at the hearing of a cause, object...the objection applies, the Court (if it shall think lit) shall be at liberty to make a decree saving the rights of the absent parties. XLI. That where... | |
 | Samuel Miller - 1842 - 518 pages
...the bill.— [Ibid. Order 39.] PARTIES — continued. If a defendant at the hearing object that the suit is defective for want of parties, not having...the parties to whom the objection applies, the Court may make a decree, saving the rights of the absent parties. — [1841, Order 40.] PETITIONS. Filing... | |
 | Great Britain. Court of Chancery, Charles Beavan - 1842 - 730 pages
...bill, . . .,, . _ ., XL. Court in cer- THAT if a defendant shall, at the hearing of a cause, proceed object that a suit is defective for want of parties,...having by plea or answer taken the objection, and tin-rein specified by name or description the parties to whom the objection applies, the Court (if... | |
 | Solomon Atkinson - 1842 - 580 pages
...but the Court, if ' it thinks fit, shall be at liberty to dismiss the bill." And by the latter, "That if a .defendant shall, at ' the hearing of a cause, object that a suit is de' fective for want of parties, not having by plea or ' answer taken the objection, and therein specified... | |
 | Joseph Story - 1844 - 1252 pages
...Order of the English Chancery Orders of 1841, has altered materially the old Rule. 1t provides, "That if a defendant shall, at the hearing of a cause, object...suit is defective for want of parties, not having hy plea or answer taken the objection, and therein specified by name or description the parties, to... | |
 | John Gray - 1845 - 462 pages
...may, if it thinks fit, dismiss the bill. And if a defendant at the hearing of a cause object that the suit is defective for want of parties not having by plea or answer taken the objection, and in his answer or plea specified by name or description the parties to whom the objection applies, the... | |
 | Edmund Robert Daniell - 1846 - 848 pages
...this rule concerning costs in such cases, but the 40th Order, of August, 1841, provides, that if the defendant shall at the hearing of a cause object that...parties to whom the objection applies, the Court, («) Bradstock v. Whatley, 6 Bear. Attorney-general e. Hill, 3 M. & C. 451. 247; Mason t>. Franklin,... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1853 - 688 pages
...(RS sect. 41, p. 839) enacts that — "If the defendant, at the hearing of a cause, object that the suit is defective for want of parties, not having...parties to whom the objection applies, the Court, if it think fit, shall be at liberty to make a decree saving the rights of the absent parties." No rights... | |
 | Great Britain. Court of Chancery - 1860 - 668 pages
...objects th(MrHitt"" *" that a suit is defective for want of parties, and has not by absent parties- plea or answer taken the objection, and therein specified...name or description the parties to whom the objection ORDER XXIII. applies, the Court, if it shall think 6t, may make a De£'d".™d decree saving the rights... | |
 | Wyoming - 1870 - 808 pages
...as of course for liberty to amend his bill, but the court shall be at liberty to dismiss the bill. If a defendant shall, at the hearing of a cause, object...defective for want of parties, not having by plea or J the court, if it shall think fit, shall be at liberty to make a decree, saving the rights of the... | |
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If a defendant shall, at the hearing of a cause, object that a suit is defective for want of parties, not having by... 
