MALLOW V. HINDE, 25 U. S. 193 (1827)

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U.S. Supreme Court

Mallow v. Hinde, 25 U.S. 12 Wheat. 193 193 (1827)

Mallow v. Hinde

25 U.S. (12 Wheat.) 193


Where an equity cause may be finally decided as between the parties litigant without bringing others before the court who would, generally speaking, be necessary parties, such parties maybe dispensed with in the circuit court if its proofs cannot reach them or if they are citizens of another state.

But if the rights of those not before the court are inseparably connected with the claim of the parties litigant, so that a final decision cannot be made between them without affecting the rights of the absent parties, the peculiar constitution of the circuit court forms no ground for dispensing with such parties.

But the court may, in its discretion, where the purposes of justice require it, retain jurisdiction of the cause on an injunction bill as between the parties regularly before it until the plaintiffs have had an opportunity of litigating their controversy with the other parties in a competent tribunal, and if it finally appears by the judgment of such tribunal that the plaintiffs are equitably entitled to the interest claimed by the other parties, may proceed to a final decree upon the merits.

Page 25 U. S. 194

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