Schwab v. Miller Et Ux.

Opinion by

Mr. Justice Simpson,

This is a bill in equity for discovery and an accounting, based on a written agreement between plaintiff and defendants, the latter being husband and wife, together contracting therein under the name of “Miller,” all their duties to be performed and all their rights acquired jointly in that name. Under Equity Rule 48, defendants preliminarily objected to the bill, alleging that plaintiff had an adequate remedy at law, and that the wife was improperly joined as a party defendant. The court below sustained the latter of these objections, and added that “plaintiff…