8 Iowa 79 | Iowa | 1859
The merits of this case, we shall not undertake to examine. To do so, with any degree of safety to the rights of either party, would be utterly impossible upon a record so confused and inexplicable. The bill was filed in October, 1856, and the decree rendered in 1858. During
Under these circumstances, we shall remand the cause, that the parties may have an opportunity to replead. There is no doubt as to our power to make such an order, and this is, in every respect, such a case as to call for its exercise.
There is one question in the case, however, that we may' determine at this time. Cassady was the attorney of Tevis, Scott & Tevis, in procuring the judgment against complainant, and had charge of its collection. lie was made a party
As far, then, as shoAvn by the pleadings, as they now stand, Cassady Avas improperly made a party, and his demurrer should have been sustained. To this extent, the proceedings below will be reversed, and the cause remanded, with leave to the parties to replead.