
    Henderson and Others v. Anderson’s Executrix and Others.
    Monday, October 9th, 1815.
    i. Chancery Practice — Dismissal of Bill. — It is error to dismiss a bill in chancery, as to parties who have not answered, and on whom a decree nisi has not been served or published according to law.
    This was a suit in the Superior Court of Chancery for the Richmond District against Mary Anderson, widow and executrix^ of Reinard Anderson, deceased, Julius King, and Martha, his wife, late Martha Anderson, John E. Anderson, Mary Anderson, and Elizabeth Anderson, and Hezekiah R. Anderson, infants, by Mary Anderson, their mother and guardian. The object of the bill was to subj ect the estate of Reinard Anderson, deceased, to the payment of a debt contracted by the executrix, for goods purchased for the use of herself and children, upon the credit of the estate.
    Julius King and wife, John E. Anderson, and Mary Anderson answered the bill; objecting to the claim of the plaintiffs, on the ground that credit to an unreasonable extent had been given by them to the widow, who, (they alleged,) *extravagant in her dealings, and exceeded in her purchases the profits of the estate, which, with good management, would have been amply sufficient for the decent maintenance of the family. The plaintiffs replied generally, and, after taking depositions, had the cause set for hearing as to those defendants.
    The bill was taken pro confesso as to Mary Anderson, the executrix, and Elizabeth and Hezekiah R. Anderson, her infant children ; but it did not appear that any copy of the decree nisi was served upon either of them.
    The chancellor dismissed the bill, in general terms ; giving costs to the defendants King and wife, John E. and Mary Anderson, but saying nothing about the other defendants.
    The plaintiffs appealed to this court.
    George K. Taylor for the appellant.
    No counsel for the appellee.
   October 13th, 181S. The president pronounced the following opinion of the court.

The court, (not deciding at present, whether the said decree is erroneous or not, in any other particular,) is of opinion, that it is erroneous in dismissing the hill of the appellants, as to the appellees Mary Anderson, widow and executrix of Reinard Anderson, deceased, Elizabeth Anderson, and Hezekiah R. Anderson, who have not answered the same, nor against whom was there a final decree tailing the bill for confessed.

Decree reversed ; and cause remanded to the court of Chancery, to be proceeded in against all the appellees.  