Pleading And Practice in the Courts of Chancery
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Price, &c., 2 Paige, 333; Bobinson, &c. v. Smith, &c., 3 Paige, 231; WendeU v. Wendell, &o., 3 Paige, 509. See Bosher v. K. & H. Land Co., 89 Va. 457. A bill by a number of stockbolders against a corporation, alleging fraud in obtaining subscriptions, &c., was held not multifarious, because each complainant set forth a different claim. Carey et cd v. Coffee Stemming Machine Co., Va.; 20 S. E. K. 778; Bader v. Bristol Land Co., 94 Va. 766. But a bUl in equity was held bad, as multifarious, when'... it showed that the complainants' in- terests were antagonistic, as where creditors and stockholders united in the bill ask- ing for a cancellation of subscriptions to stock as to the stockholders, and an enforce- ment of the same as to the creditors. Brown et al v. Bedford City Land & Imp. Co., 91 Va. 31; Nunally v. Strauss, 94 Va. 255. "Whether or not a bill is multifarious depends upon its allegations and not upon its prayer." Not multifarious when the matters of litigation can be properly embraced in one suit and the rights of all parties be conveniently settled and the defendants suffer no prejudice.
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To quickly assess the difficulty of the text, read a short excerpt:
Price, &c., 2 Paige, 333; Bobinson, &c. v. Smith, &c., 3 Paige, 231; WendeU v. Wendell, &o., 3 Paige, 509. See Bosher v. K. & H. Land Co., 89 Va. 457. A bill by a number of stockbolders against a corporation, alleging fraud in obtaining subscriptions, &c., was held not multifarious, because each complainant set forth a different claim. Carey et cd v. Coffee Stemming Machine Co., Va.; 20 S. E. K. 778; Bader v. Bristol Land Co., 94 Va. 766. But a bUl in equity was held bad, as multifarious, when'... it showed that the complainants' in- terests were antagonistic, as where creditors and stockholders united in the bill ask- ing for a cancellation of subscriptions to stock as to the stockholders, and an enforce- ment of the same as to the creditors. Brown et al v. Bedford City Land & Imp. Co., 91 Va. 31; Nunally v. Strauss, 94 Va. 255. "Whether or not a bill is multifarious depends upon its allegations and not upon its prayer." Not multifarious when the matters of litigation can be properly embraced in one suit and the rights of all parties be conveniently settled and the defendants suffer no prejudice.
What to read after Pleading And Practice in the Courts of Chancery?
You can find similar books in the "Read Also" column, or choose other free books by Barton, R. T. (Robert Thomas), 1842-1917 to read onlineMoreLess
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