Sowell v. Sowell

Head, Justice.

“No persons are parties defendants to a bill in Chancery, except those against whom process is prayed, and who are specially named and described in it as defendants.” Carey v. Hillhouse, 5 Ca. 251, 255. In the present case the grantor (husband of the defendant and former husband of the petitioner) is dead, and his administrator is not made a party defendant in the bill. The trial judge sustained a general demurrer and dismissed the petition. The question is made that the failure to' name the administrator of the deceased as a party defendant is a matter for special demurrer and…