indispensable party

indispensable party
A person materially interested either legally or beneficially in the subject matter of the suit. Green v Brophy, 71 App DC 299, 110 F2d 539, 9 ALR2d 1. A person who must be joined as a party if the action is to succeed. McAndrews v Krause, 245 Minn 85, 71 NW2d 153, 53 ALR2d 312. A person who has an interest in the subject matter of the controversy in litigation of such nature that the final judgment cannot be rendered between the other parties to the suit without radically and injuriously affecting that interest, or without leaving the controversy in such a situation that its final determination may be inconsistent with equity and good conscience. 39 Am J1st Parties § 5. The true rule as to indispensability of parties calls for a reconciliation of the desirability, on the one hand, of preventing multiplicity of suits and obtaining a complete and final decree between all interested parties, and, on the other hand, of having some adjudication if at all possible rather than none. Gauss v Kirk, 91 App DC 80, 198 F2d 83, 33 ALR2d 1085.

Ballentine's law dictionary. . 1998.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • indispensable party — see party 1b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. indispensable party …   Law dictionary

  • Indispensable party — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • necessary and indispensable party — See indispensable party; necessary party …   Ballentine's law dictionary

  • party — par·ty n pl parties 1 a: one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement the parties to a contract a person who signed the instrument as a party to the instrument… …   Law dictionary

  • indispensable — in·dis·pen·sa·ble /ˌin di spen sə bəl/ adj: having rights so connected to the claims of the parties to an action that the action cannot be adjudicated without affecting those rights see also indispensable party at party Merriam Webster’s… …   Law dictionary

  • party — A person who has engaged in a transaction or made an agreement. UCC § 1 201(29). One of the opposing litigants in a judicial proceeding–a person seeking to establish a right or one upon whom it is sought to impose a corresponding duty or… …   Ballentine's law dictionary

  • party — A person concerned or having or taking part in any affair, matter, transaction, or proceeding, considered individually. A party to an action is a person whose name is designated on record as plaintiff or defendant. M & A Elec. Power Co op, v.… …   Black's law dictionary

  • necessary party — see party 1b Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. necessary party …   Law dictionary

  • necessary party — A person without whom no judgment or decree determining the principal issues in the case can effectively be made; such a person as is necessary to a determination of the entire controversy. 39 Am J1st Parties § 5. A party to the proceeding whose… …   Ballentine's law dictionary

  • formal party — A classification of parties to an action. A nominal party rather than a necessary or indispensable party. Minnis v Southern Pacific Co. (CA9 Cal) 98 F2d 913. A person having no interest in the subject matter of the action but whose joinder as a… …   Ballentine's law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”