Spear v. Campbell

Citations

• 5 Scam. 423

Syllabus

<p>Error to Sangamon.</p> <p>1. Parties to Action — rule in chancery. It is a rule universally recognized in courts of equity, that all persons are to be made parties to the suit, who have any subr stantial, legal, or beneficiál interest in the subject matter of the litigation, and who are to be materially affected by the decree which may be pronounced, (a) </p> <p>2. Equity — multiplicity of suits, It is a favorite object of a court of equity to do full and complete justice, and thus avoid a multiplicity of actions.</p> <p>3. Creditor's Bill — necessary parties. The judgment debtor is a necessary and indispensable party to a creditor’s bill filed to set aside a fraudulent conveyance, where such conveyance contains covenants of warranty.</p> <p>4. Practice in Chancery — defect of parties. The correct practice, where the want of proper parties is apparent on the face of the bill, is to take advantage of it by demurrer. If the objection does not thus appear it may be settled by plea, or insisted on in the answer. Where the parties thus omitted are mere formal parties, or notabro-lutely necessaty to a decision of the case, the court will not listen to the objection at the hearing. But where the rights of parties not before the court are inseparably connected with the subject matter in dispute, so that a final decision cannot be made without materially affecting their interests, the objection may be taken at the hearing, or on appeal, or by writ of error. (b) </p>