Burford v. Steele
Supreme Court of Alabama
Appeal from Wilcox Chancery Court. Heard before Hon. S. K. MoSpadden. The bill in this cause was filed on 3d March, 1885, by David Steele against John R. McDowell, Daniel S. Pritchett, Mrs. Harriet McDowell and Mrs. M. Burford, administratrix of P. D. Burford, deceased, for the purpose indicated in the opinion. The chancellor overruled demurrers interposed by the defendants to the bill, and his decree is here assigned as error.
Read the full summary
Appeal from Wilcox Chancery Court. Heard before Hon. S. K. MoSpadden. The bill in this cause was filed on 3d March, 1885, by David Steele against John R. McDowell, Daniel S. Pritchett, Mrs. Harriet McDowell and Mrs. M. Burford, administratrix of P. D. Burford, deceased, for the purpose indicated in the opinion. The chancellor overruled demurrers interposed by the defendants to the bill, and his decree is here assigned as error. The case made by the bill, and the grounds of demurrer, are sufficiently stated in the opinion.
1Opinion of the CourtClopton, J.
The general rule relating to multifariousness, forbids that several and distinct matters, wholly unconnected, or that defendants against whom the complainant asserts separate demands, the case of each defendant being entirely distinct in its subject-matter from that of -his co-defendants, shall be joined in the same bill. The application of the general rule to a particular bill must be regulated in exercising a discretion necessarily allowed to the courts, by the purposes, — to avoid a multiplicity of suits on the one hand, and involving a party in oppressive and expensive litigation, in…
2Cases cited6 opinions
- Juzan v. ToulminSupreme Court of Alabama · 1846
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Holt v. WilsonSupreme Court of Alabama · 1883
- Moore v. WallisSupreme Court of Alabama · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Smith v. SmithSupreme Court of Alabama · 1907
- Emerson v. Southern Ry. Co.Supreme Court of Alabama · 1981
- Graves v. BrittinghamSupreme Court of Alabama · 1923
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
- Hill Bros. v. MooneSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.