Smith v. Sands

The demurrer filed to the bill of complaint is for the misjoinder of the defendants. At the time of the argument the defendants’ counsel was permitted to present, ore tenus, the additional ground that the bill fails to state a case for equity jurisdiction. Inasmuch as this last ground of demurrer is believed to be well taken, the question as to a misjoinder will not be considered.

In substance the bill of complaint states that complainants are owners of certain letters patent for machines and devices for burning the saw-dust and refuse of saw-mills, that they have put the machines into…