Dashley

(after stating the facts as above).

It is contended that the trial court erred in holding that the defendant in error could maintain the present action without bringing in Harry Ruhl as a party thereto. The amended complaint alleges that Harry Ruhl, the co-obligee in the bond, is absent from the District of Alaska and does not reside therein, “and he is made a'defendant herein because his consent cannot be obtained to join with the plaintiff,” and the said Harry Ruhl, although one of the parties to whom said supersedeas bond was given, has no interest *21 in the action, “and was not damaged in any way by said judgment being superseded.” The Code of Alaska provides (Carter’s Annotated Alaska Code, § 39, part 4, p. 151: “Of the parties to the action, those who are united in interest must be joined as plaintiffs or defendants; but if the consent of any one who should have been joined cannot be obtained, he may be made a defendant.”

And the following section provides that: “The court may determine any controversy between parties before it when it can be done without prejudice to the rights of others.”

Where a bond is made to two or more obligees jointly, and there is nothing in the…