— 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 j 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.
Arendell v. Blackwell, 16 N.C. 354, 1 Dev. Eq. 354 (1829)
Dec. 1829
·
Supreme Court of North Carolina
16 N.C. 354, 1 Dev. Eq. 354
Richard Arendell, et al. v. Daniel Blackwell, et al.
From Rutherford.
Upon the opening of this cause it appeared to the Court, that all the residuary legatees are not parties to the suit.