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Arendell v. Blackwell

Supreme Court of North Carolina
Dec 1, 1829
16 N.C. 354 (N.C. 1829)

Opinion

(December Term, 1829.)

When there is a defect of parties, the suit will be remanded to make necessary parties.

From RUTHERFORD. Upon the opening of this cause it appeared to the Court that all the residuary legatees are not parties to the suit.


If the plaintiff pressed the cause for a final hearing, the bill would necessarily be dismissed for want of proper parties. But it is the settled course of equity practice not to dismiss in the first instance for that cause, but to allow an amendment for the purpose of making proper parties; and as the plaintiff elects that mode, such amendment may now be made. It cannot, however, be done in this Court. The cause must therefore be remanded, with permission to make parties. The plaintiff to pay the costs of this Court. Remanded.

(355)


Summaries of

Arendell v. Blackwell

Supreme Court of North Carolina
Dec 1, 1829
16 N.C. 354 (N.C. 1829)
Case details for

Arendell v. Blackwell

Case Details

Full title:RICHARD ARENDELL ET AL. v. DANIEL BLACKWELL ET AL

Court:Supreme Court of North Carolina

Date published: Dec 1, 1829

Citations

16 N.C. 354 (N.C. 1829)

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