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Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Federal Procedure - Jurisdiction - Minimal Diversity Permitted By The Federal Interpleader Act Satisfies Constitutional Requirements, Robert J. Hoerner
Michigan Law Review
A disinterested Texas bank brought a federal interpleader action under 28 U.S.C. (1952) §1335 against a Texas widow and four joint claimants, three of whom were Texas citizens and the other a Tennessee citizen. On appeal from a summary judgment for the joint claimants, the widow argued that the court lacked jurisdiction. Held, affirmed. Congress intended that section 1335 should cover these "minimal" facts. The "complete diversity'' requirement of Strawbridge v. Curtiss is only a rule of statutory construction and not a constitutional requirement. Haynes v. Felder, (5th Cir. 1957) 239 F. (2d) 868.
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Compulsory Joinder Of Parties In Civil Actions, John W. Reed
Michigan Law Review
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 …