U.S. Supreme Court
Kendig v. Dean, 97 U.S. 423 (1878)
Kendig v. Dean
97 U.S. 423
A., a citizen of Tennessee, filed his bill in the circuit court of the United States sitting in that state against B., a citizen of Ohio. A corporation created by the laws of Tennessee was an indispensable party to any relief to A. which a court of equity could give. The court, on a final hearing upon the pleadings and proofs, dismissed the bill. Held that the dismissal should have been without prejudice.
The facts are stated in the opinion of the Court.