Alexander v. Alexander

GARDNER, Justice.

The former cause, here sought to be reinstated, was dismissed by the equity court on motion of the solicitor for complainants, minors, who had sued by their next friend. This dismissal is relied upon as justifying a bill of review upon the theory that such an order on motion of the solicitor was without binding effect, unless an inquisition was made by the court as to the minors’ interest, and therefore constitutes error apparent upon the record.

There is no claim of newly discovered evidence, and as here applicable the rule is settled, speaking generally, that the error to be…