Arendell v. . Blackwell

Supreme Court of North Carolina

Arendell v. . Blackwell

16 N.C. 354

DecidedDecember 5, 1829

StatusPublished

This text of 16 N.C. 354 (Arendell v. . Blackwell) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arendell v. . Blackwell, 16 N.C. 354 (N.C. 1829).

Pincite

Opinion

Per Curiam.

— If the Plaintiff pressed the cause for a final hearing, the bill would necessarily be dismissed for want of proper parties. But it is the settled course of Equity practice, not to dismiss in the first instance for that cause, but to allow an amendment for the purpose of making proper parties j and as the Plaintiff elects that mode, such amendment may now be made. It cannot however be done in this Court. The, cause must therefore be remanded, with permission to make parties. The Plaintiff to pay the costs of this Court.

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Per Curiam.

— If the Plaintiff pressed the cause for a final hearing, the bill would necessarily be dismissed for want of proper parties. But it is the settled course of Equity practice, not to dismiss in the first instance for that cause, but to allow an amendment for the purpose of making proper parties j and as the Plaintiff elects that mode, such amendment may now be made. It cannot however be done in this Court. The, cause must therefore be remanded, with permission to make parties. The Plaintiff to pay the costs of this Court.

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Bluebook (online)

16 N.C. 354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arendell-v-blackwell-nc-1829.