Christian v. Crocker
Supreme Court of Arkansas
Appeal from Ashley' Circuit Court. lion. II. 13. Morse, Circuit -Judge. In chancery, if the misjoinder is of parties as defendants, those only can demur who are improperly joined. .Story Eg. PI., sec. 544; Gortland v. Nunn, 11 Arle., 731. In a bill to settle a partnership account none should be made parties except those who are parties to the partnership contract. Colly er Part., sec. 365 ; Story Eq. PI., sec. 99 ; Peay v. Wright, 22 Ark., 198. The bill was not multifarious.
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Appeal from Ashley' Circuit Court. lion. II. 13. Morse, Circuit -Judge. In chancery, if the misjoinder is of parties as defendants, those only can demur who are improperly joined. .Story Eg. PI., sec. 544; Gortland v. Nunn, 11 Arle., 731. In a bill to settle a partnership account none should be made parties except those who are parties to the partnership contract. Colly er Part., sec. 365 ; Story Eq. PI., sec. 99 ; Peay v. Wright, 22 Ark., 198. The bill was not multifarious. Story Eq. PL, sec. 27. The defect as to parties, being apparent on the face of the bill, could be taken advantage of by…
1Opinion of the CourtMcClure, J.
It appears that Mary K. Christian and Evans L. Crocker entered into a partnership for keeping house and cultivating a plantation, in the year 1867. As the fruit of their labors they produced and 'gathered 700 bushels of corn, and 16 bales of cotton, of about 450 pounds each.
On the 24th of December, 1867, the parties seem to have looked over the partnership accounts, and, from that examination, Crocker became satisfied that his interest in the crop would not pay his proportion of the partnership accounts, then due, and turned his entire interest over to Mrs. Christian.
On the 13th of January,…
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