United States Supreme Court Cases & Opinions

U.S. Supreme Court

O'Hara v. MacConnell, 93 U.S. 150 (1876)

O'Hara v. MacConnell

93 U.S. 150

Syllabus

1. A decree in chancery will be reversed if rendered against a woman who is shown by the bill to be both a minor and feme covert where no appearance by or for her has been entered, and no guardian ad litem appointed.

2. It is error to render a final decree for want of appearance at the first term after service of subpoena (Equity Rules, 18, 19) unless another rule day has intervened.

3. Where the object is to divest a feme covert or minor of an interest in real estate the title of which is in a trustee for her use, the trust being an active one, it is error to decree against her without making the trustee a party to the suit.

4. The making of the conveyance as ordered by the decree does not deprive the defendant of the right of appeal.

5. Neither a subsequent petition in the nature of a bill of review nor anything set up in the answer to such petition on which no action was had by the court can prevent a party from appealing from the original decree.

The facts are stated in the opinion of the Court.