Scaling v. Williams

On Motion for Rehearing.

Among other things, it is now insisted, in effect, that we erred in rendering judgment herein rather than remanding the case because of a want of necessary parties. While it is asserted in the briefs, supported by an ex parte affidavit of the clerk, that all but one of the bonds validated by the judgment below have been sold, yet it does not so appear from the record proper in this case. It does not appear that on the trial below the defendants by a plea in abatement, or otherwise, suggested the fact that bonds had been sold .and that the purchasers should be made…