Whipple v. Guile

The complainants, who are owners and tenants of separate estates in the vicinity of the respondents’ mill, filed this bill to restrain the respondents from running their mill during the night-time, upon the ground that, so run, it is a nuisance. An answer was filed, and both parties have submitted for allowance issues of fact to be tried by a jury.

The respondents now move to dismiss the bill for misjoinder of parties.

The questions raised are whether there is a misjoinder of parties, and, if so, whether the motion to dismiss can be made after answer filed. They can be considered together.(1)…