Smythe v. Takara

OPINION OP THE COURT BY

COKE, C. J.

The petitioners appellants, above named, filed in tbe circuit court of tbe second judicial circuit a bill for discovery and avoidance of a lease. Tbe respondents interposed thereto a plea in abatement in wbicb it was alleged that tbe petitioners were not interested .in tbe subject-matter of tbe cause and therefore could not maintain tbe suit. Tbe circuit judge sustained tbe plea in abatement but allowed tbe petitioners an interlocutory appeal. Before tbe time for perfecting tbe interlocutory appeal bad expired the court below entered a final decree dismissing…