Walters' Sons v. Chichester

Citations

• 84 Va. 723
• 6 S.E. 1
• 1888 Va. LEXIS 136

Syllabus

<p>1. Chancery Practice—Parlies—Petitions.—Petition in pending cause can only be filed by leave of court, and opportunity must be given opposite party to answer it. Mere 'depositing petition in clerk’s office does not proprio vigore, make petitioner a party. P. & A. L. Ins. Co. v. Maury, 75 Va., 508.</p> <p>2. Appellate Jurisdiction—Case at bar.—Creditor whose claim was less than $500, filed bill to- annul trust deed. Other creditors, whose separate claims exceeded that sum, subsequently filed in the clerk’s office petitions, without leave of court and notice to grantor, asking to be made parties. Decree dismissed the bill without noticing petitions:</p> <p>Held:</p> <p>The petitioners were not parties below, and cannot be so regarded here, and the appeal must be dismissed for want of jurisdiction.</p>