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Point R. Co.,:24 Wis

Categories: Criminal Law

Definition (1910 Edition)

132. Nominal parties are those who are joined as plaintiffs or defendants, not because they have any real interest in the subject-matter or because any relief is demanded as against them, but merely because the technical rules of pleading require their presence on the record. It should be noted that some courts make a further distinction between “necessary” parties and “indispensable” parties. Thus, it is said that the supreme court of the United States divides parties in equity suits into three different classes: (1) Formal parties, who have no interest in the controversy between the immediate litigants, but have such an interest in the subject-matter as may be conveniently settled in the suit, and thereby prevent further litigation; (2) necessary parties, who have an interest in the controversy but whose interests are separable from those of the parties before the court, and will not be directly affected by a decree which does complete and full justice between them; (3) inispensable parties, who not only have an interest in the subject-matter of the controversy, but an interest of such a nature that a final decree cannot be made without either affecting their interests or leaving the controversy in such a condition that its final determination may be wholly inconsistent with equity and good conscience. Hicklin v. Marco. 56 Fed.
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.