27 Kan. App. 2d 817 - McHorse v. Eaks’s Empirical Analysis

Citation profile

4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) Persons to be joined if feasible. Whenever a ‘contingently necessary’ person, as hereafter defined, is subject to service of process, he shall be joined as a party in tire action. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and Iris joinder would render the venue of the action improper, he shall be dismissed from the action. “A person is contingendy necessary if (1) complete relief cannot be accorded in his absence among those already parties, or (2) he claims an interest relating to the property or transaction which is die subject of the action and he is so situated diat the disposition of the action in his absence may (i) as a practical matter substantially impair or impede his ability to protect diat interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. “(b) Determination by court whenever joinder not feasible. If a contingendy necessary person cannot be made a party, the court shall determine whether in equity and good conscience die action ought to proceed among the parties before it or ought to be dismissed. The factors to be considered by the court include: First, to what extent a judgment rendered in the absence of the contingendy”

   1 later decision quote this exact passage
   e.g. Hershaw v. Farm & City Insurance