Bernard v. Shemwell.

This was a demurrer in a proceeding for foreclosure upon the ground that the mortgagor, who had assigned his equity of redemption, was not made a party. The judge sustained the demurrer, but did not make any order directing him to be made a party, or dismissing the action for failure to do so. Had the plaintiff declined to make the additional party and the action had then been dismissed, an appeal would lay. But the plaintiff should either have taken that course, or have had his exception noted, and making the additional party, should have brought the interlocutory order up for review, if it…