Noah Haynes Swayne

“ The want of parties is the only point we have found it necessary to consider.
The rule in equity as to parties defendant is that all whose interests will be affected by the decree sought to be obtained must be before the court; and if any such persons cannot be reached by process-do not voluntarily appear, or from a jurisdictional objection going to the person in the courts of the United States, cannot be made parties-the bill must be dismissed. Where a decree can be made as to those present, without affecting the rights of those who are absent, the court will proceed. ”

“ The holders of the bonds of the Mississippi company, to the amount of $185,000 and of six thousand shares of the stock, refused to become parties to the arrangements and proceedings of the majority in interest-never assented to the sale, and did not participate in the distribution of the proceeds.
The complainants are dissenting bond and stockholders. They filed this bill for themselves and such other dissenters as might choose to become parties and contribute to the costs of the litigation. The prayer of the bill is that the sale may be declared fraudulent and void ”