Frank v. Union Cent. Life Ins.

Citations

• 130 F. 224
• 1904 U.S. App. LEXIS 4800

Syllabus

<p>1. Parties — Use Plaintiff — Bringing in by Amendment.</p> <p>Leave will not be granted to amend tbe writ, before the appearance ol the defendant or the service of the writ and the filing of pleadings in the cause, by inserting the name of a third person as plaintiff suing for the use of the persons originally named as plaintiffs, where such third person is not before the court nor within the jurisdiction, and cannot be served with notice of the application, even though it is proposed to reserve to him the right to object to the order, such an order being, in form at least, an adjudication of the right to so use his name.</p> <p>2. Amendments — Absent Parties — Protection by the Court.</p> <p>It is the duty of the court to exercise its discretion over amendments for the full protection of those who are absent from the record and beyond the jurisdiction of the court.</p>