Fowler v. Latham

Jenkins, Chief Justice.

The trial judge in dismissing the two amendments as to Quillian, executor, used the following language in his order: “ The court is of the opinion that the effect of the dismissal of the action by nonsuit as to Quillian was to entirely eliminate him from the case, and the plaintiffs had no right after return of the case to this court and even before the remittitur was signed to amend their petition by seeking to hold Quillian as executor in the case as a party, and attempt to carry on the action in the same case as against Quillian as executor and pray for relief that…