Waller v. Taylor
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before Hon. Jno. Q. Loomis. This was a bill filed by Henry H. Bender and Nathaniel Waller, against Sarah Taylor and her husband, J. C. Taylor, as administrators of Walter E. Eand, deceased, Noah H. Gewin and Mary Ann Gewin, his wife, Joseph J. Young, Ann.K. Eand, Greene B. H. Eand, Eliza W. Eand, Sarah W. Eand, and N. G. Eand.
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Appeal from the Chancery Court of Dallas. Heard before Hon. Jno. Q. Loomis. This was a bill filed by Henry H. Bender and Nathaniel Waller, against Sarah Taylor and her husband, J. C. Taylor, as administrators of Walter E. Eand, deceased, Noah H. Gewin and Mary Ann Gewin, his wife, Joseph J. Young, Ann.K. Eand, Greene B. H. Eand, Eliza W. Eand, Sarah W. Eand, and N. G. Eand. The statements of the bill, and the nature thereof, will appear from the written opinion filed in the case by the chancellor, which is here copied as follows; “This cause comes up to be heard on demurrer, on the ground of…
1Opinion of the CourtJudge, J.
The opinion of the chancellor shows conclusively that the bill in this case is multifarious ; and for this reason it was rightfully dismissed. — Tasker v. Small, 3 Mylne & Craig, 63 ; Mole v. Smith, Jac. 490 ; Robertown v. G. W. Railway Co., 10 Simons, 314; Wood v. White, 4 Mylne & Craig, 460 ; Bean v. Bean's Adm'r, 37 Ala. 17 ; Story’s Eq. Pl., Sec. 272.
Decree affirmed, and appellant must pay the costs of this court.
Bybd, J., not sitting.
2Cases cited1 opinion
- Bean v. Bean's Adm'rSupreme Court of Alabama · 1860
3Cited by4 opinions
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
- Seals v. Pheiffer & Co.Supreme Court of Alabama · 1884
- Hardin v. SwoopeSupreme Court of Alabama · 1872
- Conner & Wife v. SmithSupreme Court of Alabama · 1883