Coleman v. Martin
U.S. Circuit Court for the District of Southern New York
[In equity. Bill by Charles R. Coleman against D. Randolph Martin and others.] This was an application made to the court, by petition, by Charles H. Stewart, who was not a party to the suit, praying that he might be made a party defendant.
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[In equity. Bill by Charles R. Coleman against D. Randolph Martin and others.] This was an application made to the court, by petition, by Charles H. Stewart, who was not a party to the suit, praying that he might be made a party defendant. The ground of his application was, that, by reason of certain matters, which he set forth, he might be held, both legally and morally, responsible, pe-cuniarily and personally,- for certain transactions of which the plaintiff complained in his bill; and that the decree of this court in the suit would have “a powerful influence” in contributing to that…
1Opinion of the Court
BLATCHFORD, District Judge.
The decree of this court in this suit can in no manner bind or affect the petitioner, in a legal sense; and it was never known that a person, not a party to a suit in personam, could compel a plaintiff to make him a party. The present defendants do not raise the objection that the petitioner should, be made a party. This being so, the plaintiff is left free to sue whom he pleases, subject only to the power of the court at any time to compel him to join, as a party defendant, any person whom it is necessary to make a party, in order to make a decree fully effective…
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- Union Trust Co. v. Detroit & River St. Clair RailwayMichigan Supreme Court · 1901
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