Stimson v. Lewis
Supreme Court of Vermont
Appear from the court of chancery. The bill was brought to. dissolve a partnership, and praying not only for its dissolution,, but for the'closing up of its affairs, and for contribution by the members, or a portion of them, for the payment of certain liabilities. The orators and defendants were members of an association, called the New England Protective Union, Division No. 236, organized March 28th, 1851, and composed of about eighty members.
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Appear from the court of chancery. The bill was brought to. dissolve a partnership, and praying not only for its dissolution,, but for the'closing up of its affairs, and for contribution by the members, or a portion of them, for the payment of certain liabilities. The orators and defendants were members of an association, called the New England Protective Union, Division No. 236, organized March 28th, 1851, and composed of about eighty members. The bill makes twenty-eight defendants ; upon four of whom no service was made ; and the bill is taken as confessed as to eight. Seventeen filed…
1Opinion of the CourtPierpoint, J.
It is insisted that this bill should be dismissed for the want of necessary parties.
The general principle is well settled, that all persons materially interested in the subject matter of the bill, either as plaintiffs or defendants, ought to be made parties to the suit, so that the court may make a decree, that shall be complete between the parties, prevent future litigation, and a multiplicity of suits, and may see that no injustice is done either to the parties before the com-t, or to the interests of others. It is said that the want of parties, does not affect the jurisdiction, but…
2Cases cited3 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Wakeman v. GroverNew York Court of Chancery · 1832
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
3Cited by3 opinions
- Dewey v. St. Albans Trust Co.Supreme Court of Vermont · 1887
- Darling v. OsborneSupreme Court of Vermont · 1878
- Charles E. Brown & Co. v. WareSupreme Court of Vermont · 1913