George Shiras, Jr.

“ In all these and the like instances given in the books, there is a community of interest growing out of the nature and condition of the right in dispute; for, although there may not be any privity between the numerous parties, there is a common title out of which the question arises, and which lies at the foundation of the proceedings. * * * In the case before me, the only matter in common among the plaintiffs, or between them and the defendants, is an interest in the question involved, which alone cannot lay a foundation for the joinder of parties. ”

“ The bill is founded on the idea that all persons in business as bankers, charged with the tax in question, have such a unity or joinder of interest in contesting it that all may join in the bill for that purpose; and that, as the parties are so numerous as to make it inconvenient to join all of them, a determinate number may appear in the name of themselves and for the rest. ”

“ No. 777, where it was held by District Judge Deady (Mr. Justice Field concurring) that any number of persons who may from time to time engaged in making street improvements under several and distinct contracts with a city are not therefore a class of persons having a common interest in the subject of street improvements, concerning which any one or more may sue for the whole.
The decree is also objectionable because it enjoins persons not parties to the suit. This is not a case where the defendants named represent those not named. ”

“ It is unnecessary to retravel the ground so often traversed by this court in exposition and application of the eleventh amendment. The subject was but recently considered in Pennoyer v. McConnaughy, 140 U.S. 1, 11 Sup. ”