Legal Opinion

Gaumont Co. v. Hatch

District Court, W.D. Pennsylvania

Decided August 28, 1913No. 1PublishedCited by 2 opinions

In Equity. Suit by the Gaumont Company, John A. Schwalm, and Carl S. Rothleder against Frank Hatch. On motion to dismiss bill.

1Opinion of the Court

YOUNG, District Judge.

[1] The grounds of dismissal in this case are fivefold. The first ground is that there is a misjoinder of the parties plaintiff in that the Gaumont Company is joined with Schwalm and Rothleder, the lessees. The thirty-seventh rule in equity (198 Fed. xxviii, 115 C. C. A. xxviii) provides:

“AH persons haying an interest in the subject of the action and obtaining the relief demanded may join as plaintiffs, and any person may bo made a defendant who has or claims an interest adverse to the plaintiff.”

It appears from the allegations of the hill as amended that the Gau-mont…

2Cited by2 opinions

  1. Tully v. Triangle Film Corp.District Court, S.D. New York · 1916
  2. Alliance Ins. Co. of Philadelphia v. JamersonDistrict Court, E.D. Illinois · 1935

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