North American Coal & Coke Co. v. O'Neal

Miller, Judge:

The only questions, as we view the ease, fairly arising upon the record and of which we will take cognizance, are presented by the errors and counter errors assigned and relied on by appellant and appellees.

Three preliminary questions involve the sufficiency of the bill: First, is the bill defective for want of necessary parties ? Second, is it multifa'rious ? Third, is relief barred by laches or limitation ? All three questions were presented by the demurrer overruled bj^ the circuit court.

Plaintiff predicated its right to the relief sought on conspiracy to defraud it in the…