Noel v. Head

STEWART, Justice.

The only question presented on this appeal is one of pleading. Did the Chancellor err in dismissing the petition as finally amended because of the failure of plaintiffs to elect as they were so ordered?

In the original petition, filed on October 14, 1949, Herman E. Noel, Martha B. Noel, Roy Parker, an infant over seventeen years of age suing by Ernest Parker, his father and next friend, Ernest Parker suing for and on behalf of Roy Parker, an infant over seventeen years of age, and Ishmael Planey were named as parties plaintiff and James E. Head, Virginia J. Head, Thomas .E.…