Hopkins v. Roseclare Lead Co.

Citations

• 72 Ill. 373

Syllabus

<p>1. Parties—in chancery—generally. It is a rule of equity pleading, that all persons having an interest in the subject matter of a suit in equity, which may be injuriously affected by its determination, are necessary, and must be made parties.</p> <p>2. Where the answer of a defendant to a bill in equity discloses the fact that there are other parties claiming, as his assignees, the interest sought to be affected by the suit, and whose rights will be so affected by the decree sought, if rendered, as to drive them to their bill in equity to protect their rights, the complainant should obtain leave to amend his bill, and make such persons parties defendant.</p> <p>3. Same—person having interest in subject matter of suit, not bound, to become defendant on his own motion. Whilst there are cases in which persons who have an interest may, by petition, become parties defendant, on leave of the court, yet they are not concluded by the decree of the court if they fail to thus become parties.</p> <p>4. Same—effect of want of proper parties. It is the duty of a complainant to see and know that he has before the court all necessary parties, or his decree will not be binding, and it is the policy of the law to prevent a multiplicity of suits; and where a complainant takes a decree without making the necessary parties defendants to his bill, when the necessity of their being made parties is disclosed to him by the answer of those who are made parties and by the evidence in the case, the decree will be reversed.</p> <p>5. Corporation—through what agencies it must act. A corporation can only act through its officers, or by expressly delegating its power to others. A stockholder, even though he may own a majority of the stock, can not, as such, sell the property of the corporation.</p>