Walsh v. Memphis, Carthage & Northwestern R.

6 F. 797, 2 McCrary's Cir. Ct. Rpts 156, 1881 U.S. App. LEXIS 2174

• Court: U.S. Circuit Court for the District of Eastern Missouri
• Decided: March 28, 1881
• Status: Published

Opinion

McCRary, C. J.

The corporation defendant is a necessary party to a bill to enforce a judgment against it by compelling contribution from its stockholders. All the stockholders are likewise necessary parties, if they apply to be heard, to the end that each may be assessed his equitable share only. Hence it is that in this case the controversy is not wholly between citizens of different states, and cannot be finally determined as between them.

Motion to remand sustained.