UNITED STATES SUPREME COURT DECISIONS ON-LINE

U.S. Supreme Court

Metcalf v. Williams, 104 U.S. 93 (1881)

Metcalf v. Williams

104 U.S. 93

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF VIRGINIA

Syllabus

1. The nonjoinder of a defendant in an action ex contractu can be taken advantage of only by a plea in abatement.

2. Where a party has been deprived of his right by fraud, accident, or mistake and has no remedy at law, a court of equity will grant relief.