The Jurisdiction of Federal Courts; As Limited by the Citizenship and Residence of the Parties

The Jurisdiction of Federal Courts; As Limited by the Citizenship and Residence of the Parties

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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. 1899 edition. Excerpt: ... who may have an equitable interest in the claim. They are not necessary parties on the record. Any person having the legal right may sue in the Federal courts without reference to the citizenship of those who may have the equitable interest." Formal, Necessary, and Indispensable Parties. In the case of mere formal parties, if the action can be maintained as between the other parties to the suit, the fact that formal parties are joined as complainants or defendants, between whom and the opposing parties the requisite diversity of citizenship does not exist, will not oust the court of jurisdiction. In cases of this character, the only question is as to who may be considered merely formal parties. In chancery proceedings, the Supreme Court has divided parties into three classes: (1) Formal parties, who have no interest in the controversy between the immediate litigants, but have such an interest in the subject matter as may be conveniently settled in the suit, and thereby prevent further litigation; (2) Necessary parties, who have an interest in the controversy, but whose interests are separable from those of the parties before the court, and will not be directly affected by a decree which does complete and full justice between them; (3) Indispensable parties, who not only have an interest in the subject matter of the controversy, but an interest of such a nature that a final decree cannot be made without either affecting their interests or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. Formal parties may be made parties or not, at the option of the complainant. Necessary parties must be made parties if practicable, in obedience to the general rules...show more

Product details

  • Paperback | 100 pages
  • 189 x 246 x 5mm | 195g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236957512
  • 9781236957511