Kelley v. Mississippi Central R.

The only question to be now determined is whether the persons named in the marshal’s return shall be allowed to plead. The question here raised usually arises in some collateral way, and when it has been directly presented, as in this case, the courts are always beset with technical difficulties. On the one hand it is urged that a dead party cannot speak; that a non-existing thing cannot, without admitting the very question in dispute, plead in the manner it might if it did exist; while on the other hand it is said with *565equal force that one not a party to a suit cannot be hoard to interfere…