Smith v. Rotan

Citations

• 44 Ill. 506

Syllabus

<p>1. Parties—in chancery—who should be made—and when persons in interest may be omitted. In chancery, all the parties in interest, and whose rights may be affected, ought to be made parties to the bill, except where the parties are very numerous, and so scattered that their names and residences cannot be ascertained without great difficulty.</p> <p>2. Same—in what cases—the rule rigidly enforced. This rule is enforced most generally in cases where titles may be divested.</p> <p>3. Same — exception to the rule—in a particular case. In a bill for an accounting filed against the administrators of the deceased obligors in a guardian’s bond, objection was made, that the heirs of the deceased had not been made parties to the suit: Held, that this was unnecessary; that it was sufficient to make the administrators parties, and if they were compelled to pay, recourse to the heirs might be had by them, in the event they took any thing by descent.</p>