Dye v. Ghann

Mobley, Justice.

We first pass upon the objection raised by the cross-bill to allowing the plaintiffs in error in the main bill of exceptions to be made parties defendant and to assist in the defense of the suit.

Upon the call of the case for trial, certain persons, averring themselves to be heirs at law of Edward Buford Dye, made an oral motion through their counsel that they be named and included as parties defendant to assist in defending the action. Petitioner’s counsel objected to the motion on the ground that such a motion had to be in writing, and that such persons had not filed written…