Warthen v. Brantley
Supreme Court of Georgia
In Equity, in Washington Superior Court, decided by Judge Holt. At the March term, 1848, of the Superior Court of Washington county, Thomas J. Warthen filed his bill iu Equity, against JephthaBrantley and Moses Daniel, charging, that about 1st Jan. 1840, complainant and defendants enteredin to a co-partnership, under the style of “J. Brantley & Co.” for the purpose of merchandizing, in the town of Sandersville.
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In Equity, in Washington Superior Court, decided by Judge Holt. At the March term, 1848, of the Superior Court of Washington county, Thomas J. Warthen filed his bill iu Equity, against JephthaBrantley and Moses Daniel, charging, that about 1st Jan. 1840, complainant and defendants enteredin to a co-partnership, under the style of “J. Brantley & Co.” for the purpose of merchandizing, in the town of Sandersville. That the complainant was to have nothing to do with the transaction of the business ; and that a large amount of goods were sold during the year. About the end of the year, Brantley &…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] A bill is demurrable for multifariousness, and may be dismissed by the Court, of its own accord, even if not objected to by the defendant. By multifariousness is meant the improper joinder of distinct causes of complaint, against the same defendant, or of several independent matters, against different defendants in the same bill.
[2.] Courts do not favor this objection, nor should they, espedally where the defendant is the same. Even at Common Law, the plaintiff may unite many causes of action, wholly unconnected with each other, provided…
2Cases cited2 opinions
- Varick v. Smith & The Attorney GeneralNew York Court of Chancery · 1835
- Many v. Beekman Iron Co.New York Court of Chancery · 1841
3Cited by6 opinions
- Deans v. WilcoxonSupreme Court of Florida · 1889
- Lowery Lock Co. v. WrightSupreme Court of Georgia · 1923
- Torrent v. HamiltonMichigan Supreme Court · 1893
- Wall v. MountSupreme Court of Georgia · 1905
- Fitchett v. BlowsCourt of Appeals for the Eighth Circuit · 1896
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