Smith v. Winer

Almand, Justice.

Roy H. Smith filed his equitable petition against Flavie Roach wherein he prayed for a decree impressing certain moneys in the hands of the defendant with a trust in favor of the plaintiff and to restrain the defendant from disposing of such funds. Smith subsequently tendered an amendment wherein, among other prayers for relief, he sought to make Harry Winer and three others parties defendant. A rule nisi was issued requiring the four parties to show cause why they should not be made parties to the case. On the hearing of the rule, the court on objection and motion refused to…