McConnell v. Dennis

Citations

• 153 F. 547
• 82 C.C.A. 501
• 1907 U.S. App. LEXIS 4431

Syllabus

<p>1. Injunction — Actions—Necessary Pa ethos — Defendants.</p> <p>In a suit in equity in a federal court to enjoin the defendant from proceeding under an oil and gas lease which obligated him to operate for oil and gas for a term of years, and to pay royalties in kind and in cash to the owner of the-land, the right of complainant to relief being based on the alleged invalidity of such lease, the landowner is an indispensable party, without whose presence the court can make no decree.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Injunction, § 212.]</p> <p>2. Ai'I'eai, — Matters Keviewable — Defect of Parties.</p> <p>Where a decree was entered in favor of a complainant in a suit in which because of the absence of an indispensable party whose rights were directly affected the court was not warranted in granting any relief, the defeet of parties cannot be waived by the parties before the court, and the fact that no objection was made on that ground cannot prevent the consideration of the question by an appellate court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 1189; vol. 37, Parties, § 169.]</p>