I concur in the judgment of reversal pronounced in this •case, and it having been decided that the plaintiffs are not properly in Court, I think that there is an impropriety in passing upon the merits of the controversy. I desire, therefore, to have it noted that I am not committed to the yiews expressed by the C. J. upon this point, and shall re-nerve my opinion upon the merits of the case until the parties may come properly before us.