Cornelius v. Moore

On Rehearing.

ANDERSON, C. J.

We are not unmindful of the fact that the trial court, after ordering a transfer of the cause to the equity side of the docket, also dismissed what was termed the “complainant’s bill,” and which meant the claim or assertion filed by the plaintiff, and which was nothing more than the reassertion of the legal title, and did not involve or effect the question of equitable relief as sought by the defendants on the law-side of the court, and who should be treated as the complainants upon the equity side. The dismissal of the plaintiff’s statement or claim in no sense…