History of a Suit in Equity, As Prosecuted And Defended in the Virginia State Courts And in the United States Circuit Courts : With An Appendix, Embracing, Among Other Matters, Forms of Bills, Answers, Demurrers, Pleas, Decrees, Etc.

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BOO DECftEES.
14. In equity, a final decree, or an interlocutoi^ deei'ee) Vrliioli decides, to a great extent, the merits of a cause, ought not to be made until all the parties to the hill, and all parties in interest, are before the court. Conn v. Penn, 5 Wheat.
424; Marshall v. Beverley, 5 Wheat. 313; 15. But this equitable rule is made by the court itself, and is subject to its discretion; and if a case may be completely decided as between the litigant parties, the circumstance that an inter
...est exists in some other person whom the process of the court cannot reach, as if he be a resident of another State, ought not to prevent a decree upon the meritsi Elmendorf v.
Taylor, 10 Wheat. 152; Marr r. Sonthwick, 2 Porter, 351; Wiser V. Blackly, 1 John. C. R. 437.
16. It is the settled practice in the courts of the United States, if the suit can be decided on its merits, between those •who are regularly before them, although other persons, not within their jurisdiction, may be collatera,lly or incidentally concerned, who must have been made parties, if they had been amenable to its process, that these circumstances shall not expel other suitors, who have a constitutional and legal right to submit their case to a court of the United States, provided the decree may be made without affecting their inte- rests.


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