King v. McNab

*809Appellants Demarest and Grathwohl, as objectors to the petition nominating King, were necessary parties to the first proceeding. Since the petitioner King failed to join them as parties thereto, the court lacked jurisdiction to make any order affecting the nominating petition (Matter of Swam v. Cohen, 286 N. Y. 678). It cannot be said that the objectors waived this jurisdictional defect. On the contrary, they affirmatively urged it when they interposed a special appearance in the King proceeding and moved to dismiss it on the ground that they were indispensable parties and had not been served…