Howard v. Boyce

Appellant has made no motion to vacate the judgment rendered in 1945, nor have any parties named as plaintiffs made such a motion except movants Penelope Overton and Alexander Badham. The only parties before the court seeking an adjudication of their rights at the May 1961 Term were movants Overton, Badham, and respondent Boyce. Their appearance, voluntary or by process duly issued and served, authorized the court to determine their rights inter se. The court had no power to declare or deny a right to one not seeking a determination of his rights. Howard v. Boyce, supra; Peel v. Moore, 244…