
    RICHARDSON v. RICHARDSON.
    (S. C., Thomp. Cas., 66-67.)
    Knoxville,
    September Term, 1850.
    1. CHANCERY PRACTICE. Creditors made parties to suit, how
    Creditors not made parties to a bill to settle an insolvent estate must have themselves made parties by an order oí record. The proper practice is for them to come in by petition and have themselves made parties. If not properly made parties, their appeal to the supreme court will be dismissed on motion. [Notes 1, 4, 7-9 under sec. 4116 of the Code.]
    2. SAME. Same. Bill of exceptions. Certiorari.
    A statement in the bill of exceptions that the appealing creditors have been regarded as parties, is not sufficient to have them so regarded in the supreme court, but is sufficient ground to award a certiorari for a more perfect record.
    A motion was made in the supreme court to dismiss the appeal in this cause.
   Lyon, Special J. :

This is a bill to settle an insolvent estate. Certain creditors not being made parties by the bill, come into court, defend, and appeal from the decree of the chancellor to this court. The bill of exceptions states that the creditors appealing, have been regarded as parties; but there is no order of record malting them such. The proper practice is, for the creditors to come in by petition and have themselves made parties. The recitals in the record afford sufficient ground to award a certiorari ti> the court below to send up a more perfect record. If that is not desired and asked for, the appeal will be- dismissed.

The act of 1831 [see now Code, secs. 4086 and 4130] does not do away with the necessity of showing the proper parties to be before the court. That act was intended only to diminish costs, by preventing the record from being in-. cumbered with matter not relevant to- the point to be brought up.

Appeal dismissed.  