Page:Federal Reporter, 1st Series, Volume 4.djvu/505

OHBSTEB V. LIFB A8S'n OF AMEBIOA. 491 �allowed to become a party on his own application. In the other case the stranger to the record did not become a party, bat appeared to protect his interest in the distribution of a fund in a case where, before decree, he might have become a quasi party by petition. Both of these cases fall within the exception mentioned by Mr. Justice Bradley in Anderson v. The Railroad, supra; 2 Woods, 628, 630; Danl. Ch. Pr. 540, note 1, and cases; Id. 153, and notes; Id. 281, and notes 7- 9 ; Id. 287, note 2 ; Id, 1506 et «eg. And See Barribeau t. Brant, 17 How. 43, 46; Ransom v. Davis, 18 How. 295. �Mr. Chancelier Cooper says, in his note to Daniell, that "no such practice is known in equity as making a person a de- fendant upon his own application, over the objection of the complainant." 2 Danl. 287, note 2. And in Stretch v. Stretch, supra, he mentions as the only exception the case of trustees and beneficiaries. Mr. Justice Bradley, in Anderson v. The Railroad, supra, adverts to other exceptions which he men- tions, such as scandai against a etranger, or where he is a purchaser pendente lite, where the applicants are creditors allowed to prove their debts, or they are persons belonging to a class for or against whom a suit is brought. I have examined a good many of the cases cited in the authorities already mentioned, and think that this case falls within none of these exceptions, I have already endeavored to show why Eelfe cannot revive the suit as one upon vFhom the represen- tation and title of the defendant company have devolved by law, and what his proper remedy is to dissolve the injunction — the only object he can have in a revivor in his own behalf. �The exceptions may be divided into three classes, leaving out those where the stranger to the record may appear for scandai : First, where the person applying has been named in the bill as a party, and, not being served with process, cornes within the jurisdiction and offers to become a party; second, where he represents a party whose interest has been transmitted by death or devolution by operation of law, and the case is one that requires him to be received as a party; third, where the bill has been filed for or against a class, in which case, if the petitioner belongs to the class, he may ����