Legal Opinion

Kendig v. Dean

Supreme Court of the United States

Decided November 25, 1878No. 60PublishedCited by 60 opinions

Appeal from the Circuit Court of the United States for the Western District of Tennessee. The facts are stated in the opinion of the court. The cause was argued by Mr. Philip Phillips for the appelant, and by Mr. H. T. Pllett for the appellee.

1Opinion of the CourtJustice Miller

This suit was brought against Dean, a citizen of Ohio, by Kendig, a citizen of Tennessee. The controversy related to one hundred and eighty-four shares of the stock of the Memphis Gas-light Company, a corporation created by the latter State. The company was not made a party to the suit. A demurrer to the bill was overruled; and the court, upon a final héaring on the bill, answer, exhibits, and depositions, dismissed the bill. Kendig thereupon appealed here.

We are of opinion that the Circuit Court had no jurisdiction to try the case, because the gas-light company was an indispensable party to…

2Cases cited3 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Barney v. Baltimore CitySupreme Court of the United States · 1868
  3. House v. MullenSupreme Court of the United States · 1875

3Cited by60 opinions

  1. Goodman v. NiblackSupreme Court of the United States · 1881
  2. Sioux City Terminal Railroad & Warehouse Co. v. Trust Co. of North AmericaCourt of Appeals for the Eighth Circuit · 1897
  3. Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
  4. Calcote v. Texas Pac. Coal & Oil Co.Court of Appeals for the Fifth Circuit · 1946
  5. Underwood v. MaloneyCourt of Appeals for the Third Circuit · 1958

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