Bedsole v. . Monroe
Supreme Court of North Carolina
Appeal from an interlocutory decree of the Court of Equity of Bladen County, at the Fall Term 1848, overruling a demurrer filed in the cause, his Honor Judge Pearson presiding. Elizabeth Rials made her will on the 2nd of February, 1847, and, after giving small pecuniary legacies, bequeathed and devised as follows.
Read the full summary
Appeal from an interlocutory decree of the Court of Equity of Bladen County, at the Fall Term 1848, overruling a demurrer filed in the cause, his Honor Judge Pearson presiding. Elizabeth Rials made her will on the 2nd of February, 1847, and, after giving small pecuniary legacies, bequeathed and devised as follows. “It is my will, that all my just debts and funeral expenses be paid, as soon after my decease as possible, out of any money that shall first come into the hands of my executors from any portion of my estate real or personal. I give to my executors to the use of Rhoda Parker $100, to…
1Opinion of the CourtRuffin, C. J.
The Court is of opinion, that the demurrer was properly over-ruled. It seems from the books, that multifariousness consists in joining in one bill two or more distinct grounds of suit against the same or different persons. It exists, then, where there is a misjoinder of persons or a misjoinder of the subjects of litigation. The objection is commonly made on the first ground ; as one person, in having a controversy between the plaintiff and himself decided, ought not to be obliged to submit to delays that might arise out of a separate controversy between the plaintiff and another defendant.…
2Cited by23 opinions
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Virginia-Carolina Chemical Co. v. FloydSupreme Court of North Carolina · 1912
- Branch Banking & Trust Co. v. PeirceSupreme Court of North Carolina · 1928
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Pressley v. Great Atlantic & Pacific Tea Co.Supreme Court of North Carolina · 1946
18 more not listed; retrieve them via the Exa API.