Berry v. Rogers

f/. This is a bill in chancery, filed against the committee of a lunatic, for a decree upon a covenant dated before the occurrence of the lunacy, for paying all damages that had resulted from the shooting of a slave of the complainant’s intestate.

The .Circuit Court sustained a demurrer to the bill and thereupon dismissed it absolutely.

Had the omission to make the lunatic a co-party with his committee, been the only objection to the bill, we should not doubt that the decree was erroneous; because, 1st, in a suit in equity, in personam, the lunatic should not be deemed an indispensable, though…