Spencer v. Spencer

McQUADE, Justice.

This is an appeal from an order dismissing an action for failure to have brought within the jurisdiction of the court a party whom the district court found was “necessary and essential * * * [to] a full, just and equitable judgment.” M. R. Skel-ton, a defendant, the necessary party, was not served with summons nor did he otherwise appear in this action.

Appellants are the widow and children of S. R. Spencer. Two other Spencer children, Leland and Carmen, at first refused to join as plaintiffs and so were named defendants; now, however, though nominally respondents, they…