Opinion · Supreme Court of the United States
Lee v. Lehigh Valley Coal Co.
267 U.S. 542
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1925-04-13
- Topic
- general
How later courts describe this case
- realigning named defendant as plaintiff for diversity purposes although she originally refused to be a plaintiff
- affirming dismissal for lack of jurisdiction because a non-diverse party "was a 'necessary' even if not an indispensable party"
- half-owner "was a 'necessary' even if not an indispensable party"
Citator
UpLaw has not yet analyzed Lee v. Lehigh Valley Coal Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 31 opinions
LEEv. LEHIGH VALLEY COAL CO.,267 U.S. 542(1925)
45 S.Ct. 385
LEE, INDIVIDUALLY AND AS TRUSTEE OF LEWIS C. PAINEv. LEHIGH VALLEY COAL
COMPANY KATE P. DIXON.
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN
DISTRICT OF NEW YORK.
No. 222.
Argued January 22, 1925.
Decided April 13, 1925.
APPEAL from a decree of the District Court dismissing a bill
for want of jurisdiction.
The plaintiff and appellant now argues that Kate P. Dixon is not a necessary party. When a defendant seeks to remove a suit from a State Court to the District Court, of course he is entitled to contend that a party joined by the plaintiff is not a necessary party and therefore does not make the removal impossible by defeating the jurisdiction.Salem Trust Co. v.Manufacturers' Finance Co.,264 U.S. 182. It is a different question whether the plaintiff can repudiate the effect of his own joinder, can retain a party to the relief sought and yet keep him on the wrong side in order to avoid the effect of his own act. Without inquiring whether the plaintiff could have maintained the suit alone had he so elected and had he found it impossible to join Kate P. Dixon, obviously she was a `necessary' even if not an indispensable party. (Shieldsv.Barrow, 17 How. 130, 139.) It would be hard upon the Coal Company to compel it to submit to an adjudication upon the lease, upon a fraud alleged to have been committed against both owners, and to an account, in the absence of one of the lessors. The joinder of both is much more than a mere form. As both are named they must be arranged upon the side on which they belong.Menefeev.Frost, 123 F. 633.Blacklockv.Small,127 U.S. 96.Decree affirmed.Page 544