Carter v. Smith
Cases that cite this one
3 later published cases cite this decision.
- Toomer v. Chancey (Fla. 1926)
- Durham v. Edwards (Fla. 1905)
- Doke v. Williams (Fla. 1903)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(after stating the facts)-.
The primary question raised by the pleadings in this suit is whether the appellee stated in his bill such a case as entitled him to be made a co-plaintiff in another suit, to which he was not a party, and to participate in the relief prayed for in the bill in that suit.
The appellee neither stated in his bill the purposes- or objects of that other suit; nor the relief prayed for therein; nor his interest, if any, in the subject-matter thereof; nor whether his interest, if any, is adverse and conflicting or consistent with that of the plaintiff' therein; nor whether the plaintiff therein consents or objects to his being made a co-plaintiff therein. These matters are left to conjecture. In the absence of information touching them, we are unable to discover from the bill that the appellee is either a necessary or proper party to that other suit. The bill, therefore, is-so vague and indefinite that it does not state any case-upon which a court of equity will grant relief. Besides, there is no practice in equity which will authorize the court, upon the application of a person not a party to a suit, to compel a plaintiff to make such, person a co-plaintiff. Drake vs. Goodridge, 6 Blatchford, 151.
The decree appealed from is reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.