Armistead v. Barber

Citations

• 82 Miss. 788

Syllabus

<p>1. Chancery. Bill of review. Interest of litigants. Parties. Misjoinder. Non-joinder.</p> <p>A bill in equity seeking to review tb'e proceedings and decrees in a partition suit should—</p> <p>(a) Set forth tbe interest of all tbe parties;</p> <p>(b) Join all tbe parties to tbe original suit or show tbe facts justifying tbeir nonjoinder; and'</p> <p>(c) Show tbe facts justifying tbe joinder of persons not parties to tbe original suit, if any be joined.</p> <p>Same. Infants. -Amendments.</p> <p>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.</p>