Sicard v. Guyllou
Supreme Court of Alabama
Appeal from Jefferson Chancery Court. Heard before Hox. A. II. Benners. Appellant filed his bill against Catharine Guyllou, A. G. Wheeler, and M. F. Wheeler, seeking to enjoin a suit in ejectment begun by Guyllou for the recovery of a certrain lot of land and to corrct the description in his deed. Demurrers were interposed raising the question of multifariousness and motion was made to dismiss- the bill on the same grounds.
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Appeal from Jefferson Chancery Court. Heard before Hox. A. II. Benners. Appellant filed his bill against Catharine Guyllou, A. G. Wheeler, and M. F. Wheeler, seeking to enjoin a suit in ejectment begun by Guyllou for the recovery of a certrain lot of land and to corrct the description in his deed. Demurrers were interposed raising the question of multifariousness and motion was made to dismiss- the bill on the same grounds. From a decree sustaining the motion and demurrers this appeal is prosecuted. The facts sufficiently appear in the opinion. Complainant having acquired from Wheeler the…
1Opinion of the CourtWeakley, C. J.
Multifariousness is'incapable of exact definition, and the impossibility of laying down any general rule whereby it may be determined in all cases whether the obection is well taken has been often recognized. “The objection is frequently a matter of discretion, and so the circumstances under which it is allowed to prevail, so that every case must in a measure be governed by what is convenient and equitable under its own peculiar facts, subject to the recognized principles of equity jurisprudence; and it is always proper to exercise this discretion in such manner as to discourage future…
2Cases cited3 opinions
- Adams v. JonesSupreme Court of Alabama · 1880
- Jones v. McNealySupreme Court of Alabama · 1903
- Sanders v. McGheeSupreme Court of Alabama · 1896
3Cited by9 opinions
- City of Mobile v. McCown Oil Co.Supreme Court of Alabama · 1933
- Ford v. BordersSupreme Court of Alabama · 1917
- Webb v. ButlerSupreme Court of Alabama · 1915
- Wilkinson v. WrightSupreme Court of Alabama · 1933
- Sayers v. Tallassee Falls Mfg. Co.Supreme Court of Alabama · 1910
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