Dillard v. Dillard
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Helson county, pronounced March 3, 1898, in a suit in chancery, wherein the appellee, James S. Dillard and others, were the complainants, and the appellant and others were the defendants—one of the objects of the suit being a construction of the will of ETarcissa E. Dillard, deceased.
1Opinion of the CourtRiely, J.
There was a demurrer to the bill for multifariousness. It was overruled by the court, and this is assigned as error.
*436It is a general rule of chancery pleading that a party will not he permitted to embrace in the same bill distinct and separate causes of action, but, to come within the rule, the causes must be wholly distinct, and each cause, as stated, must be sufficient to sustain a bill. The courts, however, have found it impracticable to lay down any fixed rule applicable to all cases, but where the matters in controversy are not absolutely independent of each other, they consider what is…
2Cases cited10 opinions
- Sulphur Mines Co. v. Thompson's HeirsSupreme Court of Virginia · 1896
- Miller v. WillsSupreme Court of Virginia · 1897
- Diamond State Iron Co. v. Alex. K. Rarig & Co.Supreme Court of Virginia · 1896
- Spooner's Adm'r v. Hilbish's Ex'orSupreme Court of Virginia · 1895
- Cochran v. ParisSupreme Court of Virginia · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Johnson v. BlackSupreme Court of Virginia · 1905
- Sheridan v. KrauseSupreme Court of Virginia · 1934
- McCabe v. Cary'sSupreme Court of Virginia · 1923
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Brunner v. CookSupreme Court of Virginia · 1922
32 more not listed; retrieve them via the Exa API.