The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1895-11-30
The Natick House Lease

In sustaining the demurrer to the COM
plains IN the case of Nellie NJ. Seighold
ct al. VS.. George A. Hart ct al, involv-
ing the lease to the Natick house, at the
corner of First and Main streets. Judge
York yesterday settled the case. His
reasons are given in the fol owIuc oni9-
ion:
The defendants have demurred to the
plaintiffs complaint. Among other
things they specify AS grounds of their
demurrer that there is defect OF parties
defendant in this, that susanna Bernard,
widow of John Bernard, individually and
as guardian of the minor heirs of said
John Bernard, deceased, John Bernard,
Susan Bernard, Helena Bernard and Jos
eph Bernard, should be made parties de-
PENDANT IN this action, for the reason that
said complain mt seeks the Interpretation
of a lease made by them to the defend
ants. George A. Hart and Dwight II.
Hart. and is for the purpose of declaring
that said lease was made by them in
trust for Nellie M. Seighold. There are
other grounds of demurrer which l think
it unnecessary to determine.
The principal object of the action,
tested by the prayer of the complaint, is
that a certain lease of the Natck house
and premises, procured by the defend
ants, George f. Hart and Dwight ii.
Hart. for a term OF live years commenc-
ing November 1, 1898 Bnd ending Novem-
Der /, 1900, shall be decreed by this court
to be held bv said defendants in trust for
a certain copartnership alleged to have
been in existence, the time of the nego-
tiation for said lease, the mem bers Of
which copartnership were the said de
PENDANTS and the plaintiff Nellie NJ.
Seighold and which lease is owned by
said copartnership and under which they
were carrying on the business of Il hotel
in said Natick house at the time of the
negotiation of said lease by said defend
ants. George A. Hart and Dwight ii.
Hart. Said lease SO procured by said de-
PENDANTS is attached as an exhiIbt to the
complaint, is dated the 10Th day of Octo-
Der, 1895, and was made ny susanna Ber-
nard, widow, John a. Bernard, Helena
Bernard, August Bernard, Susan bernard
and susanna Bernard as guardian of the
M inors Rosa Bernard, Frank Bernard,
Domingo Bernard. Joseph d. Bernard
and Mary Bernard to said defendants
George A. Hart and Dwight II. Hart,
and contains this, among other restric.
tive clauses, viz: And il is agreed that
the second parties are not to sub les said
premises nor any part thereof, nor assign
this lease, nor any interest in the same
without the permis sion in writing OF said
parties first had and obtained.
Neither OF said lessons is made defend
ant ID this action. The only question
raised by the demurrer, which | deem it
necessary 10 CONSIDER, Is as to whether
the said lessons are necessary parties.
If they are necessary parties in the az.
tion then the demurrer VIII have to be
sustained.
On the part of the plaintiff it is con-
tended that said lessons are not necessary
parties because a decree can be made in
favor of plain tiffs against defendants
without joining them. This question
should be determined by considering the
bject OF the bill, the relief sought and
he manner in which the defendants
will be affected. 1t seems to he a general
rule that when person will be directly
affected by decree he is an indspensa-
ole party. 1t has also been held that
where person is interested in the con-
troversy but will not be directly affected
by decree in his absence he is a
necessary party and should be Joined
Professor PUmeroy. III his work on Rem.
ediss and Remedial Rights. paragraph
$50, says that necessary parties, when
the term is accurately used are those
without whom no decree at all can be
effectively made determining the princi-
pal issues in the cast. That because a
decree cannot be rendered which shall
determine the rights of certain classes
OF individuals without making them de-
PENDANTS ia the case, they are not by
reason thereof necessary parties. That
such persons are necessary parties SUB
modo and must be brought in if il is
expected to conclude them DO tn c Decree
IL a decree in this case shall be render