McConaughy v. Camden
West Virginia Supreme Court
• Appeal from and supersedeas to a decree of the circuit court of the-county of Wood, rendered on the 8th day ot January, 1877, in a cause in said court then pending, wherein William McConaughy was plaintiff and J. N. Camden arid others were defendants, allowed upon the petition of said McConaughy. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from.
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• Appeal from and supersedeas to a decree of the circuit court of the-county of Wood, rendered on the 8th day ot January, 1877, in a cause in said court then pending, wherein William McConaughy was plaintiff and J. N. Camden arid others were defendants, allowed upon the petition of said McConaughy. Hon. J. M. Jackson, judge of the fifth judicial circuit, rendered the decree appealed from. Moore, President, furnishes the following statement of the ease: The' appellant, McConaughy., and John Jones, at rules in the circuit court of Wood county, July, 1873, filed their bill in chancery against J.…
1Opinion of the Court
Moore, PRESIDENT,
announced the opinion of the Court.
Before treating of the assignment of errors made by the appellant, it is proper to consider, whether the court erred to the prejudice of the defendants, J. N. Camden & Co., by overruling their demurrer. The objection to the bill as raised by the demurrer is, that it was multifarious. It must be borne *168in mind that the gravamen of the bill is fraud and mistake, of which subjects equity always takes jurisdiction ; and as the bill shows upon its face, that it is seeking relief against certain fraudulent acts, affecting all the parties, by having…
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