William R. Day

“ In other words, it was declared by this court that the rule as to indispensable parties, without which the court could not proceed to a decree, is equally applicable to all courts of equity, whatever may be their structure as to jurisdiction, and rests upon the broad principle that no court can adjudicate directly upon a person's rights unless such person is actually or constructively before the court. ”

“ It remains true, notwithstanding the act of Congress and the 47th rule, that a circuit court can make no decree affecting the rights of an absent person, and can make no decree between the parties before it, which so far involves or depends upon the rights of an absent person, that complete and final justice cannot be done between the parties to the suit without affecting those rights. ”

“ After the removal of the case to the circuit court, a motion was made to remand to the state court, which was overruled. Thereafter the defendants the Southern Pacific Company, Olcott, and the railroad company filed a plea in which it was set up that the railway company was a necessary and indispensable party to the suit; that it was beyond the jurisdiction of the court, and could not be brought in by process, and without its presence no decree could be rendered in the case, and therefore prayed that the bill be dismissed. ”