Kaopua v. Keelikolani

Decision of

Allen, C.J.

This is a demurrer to the bill for non-joinder of parties. It is alleged in the bill that Nahua’s heirs are interested in the case, but that they are unknown.

The general rule in equity is that all persons legally or beneficially interested in the subject matter of a suit should be made parties. But there are exceptions when this rule may be dispensed with, and the question is, does this case come within the exception ? All these exceptions are governed by the same principle, and that is, to accomplish the purposes of justice between the parties; but, as Mr. Justice Story…