Roberts v. Kennedy

The Chancellor.

The first ground of demurrer is:

".That the said bill of complaint has introduced an entirely new cause of action for that alleged in said prior amended bill of complaint', in that Roberts and Armour have instituted a class suit' in lieu of the suit on behalf of themselves as individuals, as in the prior amended bill.”

The fact that the complainants now seek relief as representatives of a class, whereas by their prior bill they sought relief in their individual capacities, the substance of the complaint remaining the same, does not constitute the introduction of a'new cause of…