indispensable party

A person materially interested either legally or beneficially in the subject matter of the suit. Green v Brophy, 71 App DC 299, 110 F2d 539, 9 ALR2d 1. A person who must be joined as a party if the action is to succeed. McAndrews v Krause, 245 Minn 85, 71 NW2d 153, 53 ALR2d 312. A person who has an interest in the subject matter of the controversy in litigation of such nature that the final judgment cannot be rendered between the other parties to the suit without radically and injuriously affecting that interest, or without leaving the controversy in such a situation that its final determination may be inconsistent with equity and good conscience. 39 Am J1st Parties § 5. The true rule as to indispensability of parties calls for a reconciliation of the desirability, on the one hand, of preventing multiplicity of suits and obtaining a complete and final decree between all interested parties, and, on the other hand, of having some adjudication if at all possible rather than none. Gauss v Kirk, 91 App DC 80, 198 F2d 83, 33 ALR2d 1085.

Ballentine's law dictionary. . 1998.

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