Compulsory Joinder of Parties in Civil Actions

Authors

John W. Reed, University of Michigan Law SchoolFollow

Abstract

Compulsory joinder cases involving interests in land display one peculiar and important characteristic: there is almost never any need in the state courts to wrestle with the question of whether a person is indispensable as distinguished from necessary. One hastens to add that this attribute of land cases appears to have gone largely unnoticed, but it exists none the less. It arises out of the fact that in a suit involving real property it is never impossible for the court to obtain jurisdiction over all persons interested therein to an extent which will enable the court to adjudicate controversies over these interests. Constructive service of process based on the court's power over the res within its jurisdictional confines will reach out to everyone having or claiming an interest in the res.

Recommended Citation

John W. Reed, Compulsory Joinder of Parties in Civil Actions, 55 Mich. L. Rev. 483 (1957).
Available at: https://repository.law.umich.edu/mlr/vol55/iss4/2