Sloan v. Whiteman
Sloan and Others v. Whiteman
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Davison, J.
This was a bill of review, filed in the Fountain Circuit Court by Jackson Whiteman against Joseph L. Sloan, John Hamilton, Mary Babb, Rose Thomas, George Thomas and Lucinda Thomas, the said Mary, Rose, George and Lucinda being the heirs at law of one William Thomas, deceased. The object of the bill was to reverse a decree of said Fountain Circuit Court, rendered at its September term, 1838, in a suit then pending in that Court, wherein the said Joseph L. Slocm was complainant and Jackson Whiteman, the present complainant, and the said William Thomas, then in life, were defendants.
To the present bill there was a demurrer overruled, and a final decree given for the complainant below.
The only ground assumed in support of the demurrer is, that the heirs of William Thomas should have been made complainants, instead of defendants. We are not of that opinion. As a general rule, a bill of review ought to have the same parties that were to the proceeding sought to be reversed; that is, the same parties should be before the Court; but we think they may be brought into Court either as complainants or defendants, in accordance with their respective interests in the matter to be reviewed.
Per Curiam.
The decree is affirmed with costs.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 8 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.