Dillard v. Turner's Adm'r

Citations

• 87 Va. 669
• 14 S.E. 123
• 1891 Va. LEXIS 119

Syllabus

<p>Practice at Common Law—Misjoinder of parties—Case out bar.—Action against seven. Summons returned executed as to four, and “ No inhabitants ” as to two, and as to the other, “ I understand he is dead ” At rules the six plead in abatement for misjoinder of surviving with dead obligor, and clerk abated action as to those returned “ No inhabitants,” and the “ dead ” one. The court, however, rejected the plea and entered judgment against the four who had been summoned: held, no error. Code 1887, § 3396.</p>