The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 7 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... ferry across the Delaware, one of whom held a New Jersey charter for his end of the ferry, and the other a Pennsylvania charter for his end, could not properly join in an action lor damages to the ferry caused by a bridge; but that, their chartered interests not being joint, separate actions must be brought. An Objection that Parties are Improperly Joined as plaintiffs should be made when the petition for the appointment of viewers is presented or, at the very latest, when the issue is framed by the court. Ehret v. Schuylkill River East Side R. Co., 151 Pa. St. 158. 6. Alabama.--To authorize one to be made a party in highway and ferry cases, he must have a private right, as an individual proprietor, which he can vindicate by suit, and the record must show his interest. Creswell r. Greene County, 24 Ala. 282. California.--A person through whose lands a proposed road will pass is beneficially interested, and is a proper party to contest the legality of the proceedings for the establishment of the road. Damrell z. San Joaquin County, 40 Cal. 154. Connecticut.--A cemetery association instituted a proceeding under the statute for enlarging its territory by taking adjoining lands owned in severalty by different persons. It was held that all the owners, though having no joint interest, were properly made defendants together. Evergreen Cemetery Assoc, v. Beecher, 53 Conn. 551. Indiana.--One through whose lands a drain will run must be a party to the proceedings by notice or otherwise, and, unless this appear on the trial, the whole proceeding must fail. Wright v. Wilson, 95 Ind. 408. Where the proceedings are instituted by the party seeking the condemnation, it goes without saying that the owner of the land sought to be taken must be made a...