King v. Bennett

Duckworth, Chief Justice.

In this case the court, on an oral motion to dismiss because of the lack of a proper party plaintiff, sustained the motion and dismissed the case “with leave to amend in 20 days, otherwise said case shall stand dismissed.” No other judgment was rendered on the sufficiency of the pleadings after the expiration of the allowed time, and the filing of a motion to make proper parties with a rule nisi issued ordering the additional party plaintiff to be served with a copy of the petition and show-cause order why he should not be made a party, and he had been served with a…