Lusk v. Thatcher

We are of opinion the decree below should be affirmed, upon the ground that an indispensable party defendant was not before the court. The court itself may state this “objection, and refuse to make the decree, or if a decree is made, it may, for this very defect, be reversed on a rehearing or on an appeal.” * * * Story’s Equity Pleading, (5th ed.) secs. 75, 236; Herrington v. Hubbard, 1 Scam. 569.

The object of the bill was to contest an election held for the purpose of determining whether certain territory should become incorporated as a village. The only defendants named or brought before…