SPENCER v. SPENCER

No. 9899.

434 P.2d 98 (1967)

Louise S. SPENCER, Alexa Spencer, Janet Spencer and Miriam Spencer, a minor, by and through her Guardian, A. W. Naegle, Plaintiffs-Appellants, v. Leland SPENCER et al., Defendants-Respondents.

Supreme Court of Idaho.

November 24, 1967.


Attorney(s) appearing for the Case

Murphy & Boller, Shoshone, for plaintiffs-appellants.

Furchner, Anderson & Beebe, Blackfoot, for respondents Leland Spencer and Carmen Spencer.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for respondent Idaho First National Bank.

Holden, Holden & Kidwell, Idaho Falls, for respondent Floyd E. Skelton.


McQUADE, Justice.

This is an appeal from an order dismissing an action for failure to have brought within the jurisdiction of the court a party whom the district court found was "necessary and essential * * * [to] a full, just and equitable judgment." M. R. Skelton, a defendant, the necessary party, was not served with summons nor did he otherwise appear in this action.

Appellants are the widow and children of S. R. Spencer. Two other Spencer children, Leland...

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