Kerr v. City of Lansing
Michigan Supreme Court
Appeal in chancery from Ingham Circuit. The bill in this case was filed by nine freeholders of the city of Lansing, to restrain the collection of a tax. The cause was heard in the court below, on demurrer. The bill was dismissed, and complainants have appealed to this court. Defendants assign two special causes of demurrer. First. Complainants’ bill is multifarious.
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Appeal in chancery from Ingham Circuit. The bill in this case was filed by nine freeholders of the city of Lansing, to restrain the collection of a tax. The cause was heard in the court below, on demurrer. The bill was dismissed, and complainants have appealed to this court. Defendants assign two special causes of demurrer. First. Complainants’ bill is multifarious. It shows affirmatively, that the complainants have no joint or common interest in the subject matter in controversy; but the interest of each is separate and distinct. Second. Complainants show no title which enables them to…
1Opinion of the Court
Campbell J.
This bill is filed to enjoin the collection of a grading assessment upon the property described in the bill, in Avhich *37the several complainants have separate interests. It is demurred to upon various grounds, the first of 'which is, that it is not so drawn as to show a right in the complainants to join in its prosecution. .
It is usually a good ground of demurrer to a bill, that the complainants have no joint cause of action, or none in which'they together represent a single and entire claim or interest. But it is insisted that, in order to avoid a multiplicity of suits, one action…
2Cited by4 opinions
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- Winslow v. JennessMichigan Supreme Court · 1887
- Brunner v. Bay CityMichigan Supreme Court · 1881
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882