Vincow v. Vincow

Defendant husband moves to compel the plaintiff wife to serve and join as a party defendant in this separation action the man with whom she entered into a marriage after she had procured a Mexican decree of divorce against said defendant husband.

Subdivision 1 of section 193 of the Civil Practice Act provides in part that ‘ ‘ A person whose absence will prevent an effective determination of the controversy or whose interests are not severable and would be inequitably affected by a judgment rendered between the parties before the court is an indispensable party.” In the case at bar the second…