Futrell v. City of Newport News

97 F.2d 566, 1938 U.S. App. LEXIS 3834
Court of Appeals for the Fourth Circuit·Decided June 20, 1938·No. No. 4328·Published

Opinion

PER CURIAM.

This is an appeal from an order dismissing an action by an administratrix of a decedent for failure to join her co-administrator as a party. The joinder of the co-administrator would have destroyed the diversity of citizenship necessary to the jurisdiction of the federal court; but we are of opinion that he was an indispensable party and that the action was properly dismissed for failure to join him. Blake v. McKim, 103 U.S. 336, 26 L.Ed. 563; Caylor v. Cooper, C.C., 165 F. 757.

Affirmed.

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Futrell v. City of Newport News, 97 F.2d 566, 1938 U.S. App. LEXIS 3834 (4th Cir. 1938).

97 F.2d 566 (Futrell v. City of Newport News) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Blake v. McKim
103 U.S. 336 (Supreme Court, 1881)
Caylor v. Cooper
165 F. 757 (U.S. Circuit Court for the District of Southern New York, 1908)