Booker v. Everhart

MOORE, Justice.

Prior to filing their answer to plaintiffs’ complaint, defendants made a motion under Rule 12(b)(7) for dismissal of the action for plaintiffs’ failure to join a necessary and indispensable party, viz., Jane C. Everhart, the payee and assignor of the alleged note.

In an order filed May 13, 1974, Judge McConnell ruled, after consideration of the motion, complaint, affidavit of Jane C. Everhart and arguments of counsel, that the motion of defendants should be denied. This constitutes error.

Plaintiffs attached to their complaint two documents, labeled “Exhibit A” and “Exhibit B”.…