From Casetext: Smarter Legal Research

Schwob v. Hemsath

Supreme Court of Nevada
Jun 23, 1982
98 Nev. 293 (Nev. 1982)

Summary

holding that the legal owner of a property was a necessary party to an action adjudicating title to the property

Summary of this case from Centeno v. Nat'l Default Servicing Corp.

Opinion

No. 13198

June 23, 1982

Appeal from final judgment. Ninth Judicial District Court, Douglas County; Frank B. Gregory, Senior Judge.

Smith Gamble, Carson City, for Appellants. Sheerin, O'Reilly, Walsh Keele, Carson City, for Respondent.


OPINION


The record before this court indicates that the district court entered judgment against a corporation, R.N.S., Inc., which was never served with process in the action. Without proper service of process the district court acquires no jurisdiction over a party. NRCP 4(d); Brockbank v. District Court, 65 Nev. 781, 201 P.2d 299 (1948); State v. District Court, 51 Nev. 206, 273 P. 659 (1929). Nothing in the record before this court suggests that R.N.S., Inc., has ever appeared in the action or subjected itself to the jurisdiction of the court. Cf. Deros v. Stern, 87 Nev. 148, 483 P.2d 648 (1971). It is undisputed that R.N.S., Inc., holds legal title to the property in controversy here, a hardware store in Minden. By its judgment, the district court ordered that the hardware store be conveyed to respondent Hemsath. Thus it is evident that R.N.S., Inc., is an indispensable party. NRCP 19(a); Johnson v. Johnson, 93 Nev. 655, 572 P.2d 925 (1977); Chiodo v. General Waterworks Corporation, 380 F.2d 860 (10th Cir.), cert. denied, 389 U.S. 1004 (1967). Failure to join an indispensable party is fatal to a judgment and may be raised by an appellate court sua sponte. Provident Bank v. Patterson, 390 U.S. 102 (1968); Johnson v. Johnson, supra.

In this case, it is conceded that title to the asset in dispute is in a corporation which has never been served with summons in the action, and has never appeared as a defendant. See Blum v. Postal Telegraph, 60 F. Supp. 237 (W.D.Pa. 1945) (plaintiff must comply with service of summons requirements to add party defendant). Accordingly, we reverse the judgment of the district court and remand this case with directions to allow the respondent the opportunity to join the party, and to grant a new trial if the party is properly joined. Sandobal v. Armour and Company, 429 F.2d 249 (8th Cir. 1970); McShan v. Sherrill, 283 F.2d 462 (9th Cir. 1960).

Reversed and remanded.


Summaries of

Schwob v. Hemsath

Supreme Court of Nevada
Jun 23, 1982
98 Nev. 293 (Nev. 1982)

holding that the legal owner of a property was a necessary party to an action adjudicating title to the property

Summary of this case from Centeno v. Nat'l Default Servicing Corp.

explaining that the "[f]ailure to join an indispensable party is fatal to a judgment and may be raised by an appellate court sua sponte"

Summary of this case from Shepherd v. Scott

In Schwob v. Hemsath, 98 Nev. 293, 646 P.2d 1212 (1982), this court held that a corporation was an indispensable party where it held legal title to real property in controversy and that failure to join the corporation was fatal to a judgment regarding that property.

Summary of this case from Olsen Family Trust v. District Court

remanding for joinder of a corporation holding title to real property in an action adjudicating title to that property

Summary of this case from Telles v. Cornelius
Case details for

Schwob v. Hemsath

Case Details

Full title:CHARLES SCHWOB, ROBERT SCHWOB, COAST-TO-COAST STORE OF MINDEN, NEVADA…

Court:Supreme Court of Nevada

Date published: Jun 23, 1982

Citations

98 Nev. 293 (Nev. 1982)
646 P.2d 1212

Citing Cases

Olsen Family Trust v. District Court

Lewis v. Smart, 96 Nev. 846, 849, 619 P.2d 1212, 1213 (1980). In Schwob v. Hemsath, 98 Nev. 293, 646 P.2d…

Willden v. Eighth Judicial Dist. Court of Nev.

" Although Willden does not address the district court's compliance with NRS 126.101(1) in her petition, this…