Wilson v. Hamilton
Court for the Trial of Impeachments and Correction of Errors
HENRY, for the respondents, presented a petition of one of the respondents, stating that one of the respondents, a feme sole, had married, and that one of the respondents and one of the appellants jjad djed s;nce the appeal was filed in this cause; and he moved that the appellants bring in the proper parties, in a reasonable time, and proceed on the appeal, or that the ■ proceedings here be suspended.*
1Per curiam
Here is a change of parties in interest, pending . . the appeal; and as all the parties in interest are not now before the court, we cannot pronounce a decree which will embrace the whole matter in litigation, and put a final end to the controversy. It is an established principle of a court of equity not to decree finally until all the proper parties are before the court. _a_s this court does not possess original jurisdiction, so as to award process to bring in the parties whose interest has accrued since the appeal was filed, the cause ought to be remanded without prejudice to either party.
Th…
2Cited by1 opinion
- Shannon v. StateWisconsin Supreme Court · 1864