Dashley v. Daniel

(after stating the facts as above).

It is contended that the trial court erred in holding that the defendant in error could maintain the present action without bringing in Harry Ruhl as a party thereto. The amended complaint alleges that Harry Ruhl, the co-obligee in the bond, is absent from the District of Alaska and does not reside therein, “and he is made a'defendant herein because his consent cannot be obtained to join with the plaintiff,” and the said Harry Ruhl, although one of the parties to whom said supersedeas bond was given, has no interest *21in the action, “and was not damaged in any…