Legal Opinion · Dissent

Jack S. Russell v. Basila Mfg. Co., Inc.

Court of Appeals for the Fifth Circuit

Decided June 20, 1957No. 16267Published

1DissentRives, Circuit Judge

The three officers and directors, citizens of Alabama, were admittedly unnecessary and dispensable parties. “On the question of jurisdiction, an unnecessary and dispensable party will not be considered.” Salem Trust Co. v. Manufacturers’ Finance Co., 264 U.S. 182, 190, 44 S.Ct. 266, 267, 68 L.Ed. 628. There was no jurisdiction over the three officers and directors who were citizens of Alabama, but jurisdiction over the Delaware corporation existed from the beginning. It makes no difference whether the Alabamians were formally stricken as parties defendant by act of the plaintiffs or by ruling…

2Cases cited7 opinions

  1. Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
  2. Horn v. LockhartSupreme Court of the United States · 1873
  3. Vattier v. HindeSupreme Court of the United States · 1833
  4. Nester v. Western Union Telegraph Co.District Court, S.D. California · 1938
  5. Western Union Telegraph Co. v. NesterSupreme Court of the United States · 1940

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