Steele v. Culver, 211 U.S. 26 (1908)

Steele v. Culver

No. 393

Submitted June 1, 1908
Decided October 26, 1908
211 U.S. 26

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR

THE WESTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION

Syllabus

Where jurisdiction of the circuit court depends on diversity of citizenship, the parties may be rearranged according to their real interests. Where a party defendant should be aligned as a party plaintiff, is a necessary party, and is a citizen of the which the other defendants are citizens, the circuit court has not jurisdiction.

In order to confer jurisdiction on the circuit court, one who is a necessary party cannot be omitted merely on account of his insolvency. A judgment against a surety cannot be impeached so long as the judgment against the principal on which it is based stands, and in a suit brought by the surety to set both judgments aside, the principal is a necessary party plaintiff.

The facts are stated in the opinion.