necessary party

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 rights if not determined in that proceeding would be disturbed without due process of law; a party whose rights appear from the facts as they appear in the record to be involved in a determination of the issues before the tribunal. State v Pacific Tel. & Tel. Co. 144 Wash 383, 258 P 313. A person who must be joined as a party if be is within the jurisdiction. McAndrews v Krause, 245 Minn 85, 71 NW2d 153, 53 ALR2d 312. A party on appeal whose interests may be adversely affected by the decision on appeal. 4 Am J2d A & E § 276. See indispensable party.

Ballentine's law dictionary. . 1998.

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