Kelley v. Thompson

Lynch, Judge:

The decree whose correctness is challenged upon this appeal sustained defendant’s demurrer to the bill and dismissed it without granting leave to amend, and held the bill unamendable. *695Upon its face and by its prayer tbe pleading purports to be a bill in the nature of a bill of review, though formally it is an original bill filed to annul the decree entered in the suit of John Thompson against F. W. Smith and his wife, Creed Isner, trustee, F. P. Kelley and J. H. Lawson; Kelley and Lawson, being plaintiffs in the bill so dismissed. Both suits brought in the same court had for…