Sawyer v. Baker

1 Citing case

  1. Travis v. First Nat. Bank

    98 So. 890 (Ala. 1924)   Cited 16 times
    In Travis v. First National Bank, 210 Ala. 620, 98 So. 890, 892, the bill sought an injunction of the misappropriation of county funds to the payment of interest on certain outstanding bonds, until a judgment or decree is otherwise rendered by a court of competent jurisdiction on behalf of one or more of the bondholders.

    When a party is indispensable to a cause, so it cannot proceed without him, the nonjoinder may be raised by plea, demurrer, or may be taken by the court ex mero motu at the hearing. Sawyer v. Baker, 66 Ala. 295; Carwile v. Crump, 165 Ala. 206, 51 So. 744. The present owners of the bonds are unknown to the complainants.