Mellor v. Valentine

Upon petition for rehearing the following opinion was delivered by

Wells, J.

Counsel err in supposing that Langrishe, the co-tenant of Young, is made party defendant to this petition. He is neither named as defendant, nor is process prayed against him ; nor does the petition in any way indicate that Langrishe or his estate is’sought to be charged; nor that he is in fact chargeable. The only averment which can be supposed to have reference to his liability is that in which it is asserted that during all the progress of the *261work, Jones & Burrell were the agents of Langrishe, and had full…