Monsarrat v. Monsarrat

McLELLAN, District Judge.

Each of the defendant’s answers raises two identical questions. The first is whether, apart from any matters of form, the bill of complaint should be dismissed because it states no case for equitable relief. The second question is whether the bill should be dismissed for want of indispensable parties defendant.

No special ground for dismissal having been stated in the answers, the motion to dismiss on the first ground must depend upon whether the bill discloses any ground for equitable relief. The question here presented is not whether the plaintiff is entitled to all…