Borde v. Hake

Neither of the parties to this lawsuit seriously disputes the propriety of the judge’s order abating the entire lawsuit. The dispute, as the parties see it, centers on whether the action should be merely suspended, as contended by the plaintiff, until the necessary party cannot be joined; or whether, as contended by the defendants, the suit should have been dismissed without prejudice. At first impression the distinction between these two positions would appear to be without substantial difference. However, the statute of limitations on the personal injury expired on July 9, 1965, and the…