Dillon v. Davis

The Chancellor:

This case comes before me on a demurrer to a bill of review filed, by the complainant, to review a decree of this court sustaining a demurrer to an amended and supplemental bill, and dismissing such bill-*387’The error relied on is, that although the demurrer was ■properly sustained, the decree should not have dismissed the whole bill as to one of the defendants, Burrell Bender, against whom relief was sought independent of the matter assigned in demurrfer.

The facts necessary to enable us to understand the point involved are these : On March 4, 1867, the defendant John It. Davis…