First National Bank of Topeka v. United Telephone Ass'n

The opinion of the court was delivered by

Schroeder, J.:

This is an action under the code of civil procedure brought in the district court of Shawnee County by the assignee on an assignment of all moneys due or to become due on a construction contract against the obligor, a resident of Ford County, joining the assignor, a resident of Shawnee County, as a party defendant to recover the sum of $9,694.25 with interest.

The controlling question presented by this appeal is whether the assignor is a necessary party to the action and properly joined, *31thereby enabling the trial court to acquire…