Armistead v. Barber
Armistead v. Barber
Opinion of the Court
delivered the opinion of the court.
There is an appeal from a decree sustaining a demurrer to a bill of review and dismissing the bill, and the court was right in sustaining the demurrer on some of the grounds. The bill does not, as it should do, set forth the interests of all the parties; it does not, as it should do, join as parties some who were parties to the proceedings sought to be reviewed, nor give any reason for their nonjoinder; and it does not, as it should do,
Reversed and remanded, with leave to complainants bo amend their bill as they see fit; but the costs of the appeal are taxed on the appellants.
Reference
- Full Case Name
- Charles B. Armistead v. Isaac J. Barber
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. Chancery. Bill of review. Interest of litigants. Parties. Misjoinder. Non-joinder. A bill in equity seeking to review tb'e proceedings and decrees in a partition suit should— (a) Set forth tbe interest of all tbe parties; (b) Join all tbe parties to tbe original suit or show tbe facts justifying tbeir nonjoinder; and' (c) Show tbe facts justifying tbe joinder of persons not parties to tbe original suit, if any be joined. Same. Infants. -Amendments. Where some of the parties seeking relief by a bill of review are infants and were defendants to the original suit, and it be charged that they were not served with process therein, it will be error upon sustaining a demurrer to the hill to' dismiss the same without granting leave to amend, although such leave was not asked.