Hi, Peggy,
In this case I don't think it is a matter of who is following the law.
If a party sues another party and does NOT implead the AKC or make AKC a
party to the action, then the court may not order the AKC to do
anything. The AKC without court order is then left to interpret the
court's decision. I tend to doubt that their legal department will want
to do this. And, to further add to this problem, if the lawyers forgot
to make AKC a party to the action, they may be precluded from bringing
the action again with AKC as a party for "failure to join all necessary
parties to the action". This sounds to me like sloppy legal work.
In the case of a title to land, the registry of deeds is a state
"official" so will not necessarily need to be included in an action.
However, when arguing about, say, a bank account, the bank would have to
be a party to the action. This is true when any private party (or
organization) is to be "ordered" to do anything.
So, does this make sense now?
Suze
peggy mickelson wrote:
>
> Suze, it must be wonderful to believe that everyone follows the law...
> We have with us the wonderful case of the man who stole a dog from his clients
> and registered it with another name, finished it, and used it at stud. The
> clients took him to court, where he was ordered to return the dog and pay damages
> (don't know the amount, but it is a matter of record).
> What did AKC do? One would think that AKC would rescind the second
> registration, withdraw the CH title and show wins (which were many), etc. etc.
> BUT that is not what happened. Exactly NOTHING happened. The thief still has
> the dog and according to AKC records, still owns it. The show record was left
> intact, and AKC continued to register litters sired by the dog.
> All that is fact -- it was written about at length by a well-known attorney
> in one of the dog magazines, and still nothing happened.
> So don't expect AKC to behave in anything like a rational manner. When push
> comes to shove, the AKC has no cojones.
> Peggy
>
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--
Suze at Llawen Cavaliers
"...I have seen that in any great undertaking it is not enough for a man
to depend simply upon himself." -Isna Ia-wica
"Thought comes before speech" Luther Standing Bear
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