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
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.