Equity Practice in the United States Circuit Courts a Compilation of the Provis

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Equity Practice in the United States Circuit Courts a Compilation of the Provis
Oliver P Oliver Perry Shiras
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RULE LIII. Objection of defect of parties. — If a defendant shall, at the hearing of a cause, object tiiat a suit is defective for want of parties, not having by plea or answer taken the objection, and therein specified by name or description of parties to whom the objection applies, the court, if it shall think fit, shall be at liberty to make a decree saving the rights of the absent parties. RULE LIV. Nominal parties. — Where no account, payment, convey- ance or other direct relief is sought ...against a party to a suit, not being an infant, the party, upon service of the subpoena upon him, need not appear and answer the bill, unless the plaintiff specially requires him so to do by the prayer of his bill ; but he may appear and answer at his option ; and if he does not appear and answer he shall be bound b)' all tlie proceedings in the cause. If the plaintiff shall reciuire him to appear and answer ho shall be ciititkMl to the costs of all the proceedings against him, unless the court shall otherwise direct.

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