McDermott v. McGown
New York Court of Chancery
Demurrer to bill, on the ground of multifariousness and for want of equity—taken by the defendant Maria McGown, administratrix of the estate and effects of Felix O’Neil, ^eceaseck ^ was a kill of revivor and supplement; and set forth the history of three distinct suits in this court—in all of which the present complainant was a defendant. One of the suits was for foreclosure; and a fund arising from, a sale under it had been transferred to another of the suits.
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Demurrer to bill, on the ground of multifariousness and for want of equity—taken by the defendant Maria McGown, administratrix of the estate and effects of Felix O’Neil, ^eceaseck ^ was a kill of revivor and supplement; and set forth the history of three distinct suits in this court—in all of which the present complainant was a defendant. One of the suits was for foreclosure; and a fund arising from, a sale under it had been transferred to another of the suits. Replications had been filed in the latter suits and deaths had occurred, but there had not been decrees. Prayer of the present bill:…
1Opinion of the Court
The Vice-Chancellor :
I am of opinion that the objection of multifariousness to the bill of revivor is well taken and the demurrer, on that account, would have to be allowed. The consequence of which, however, might be obviated by an amendment on payment of costs, instead of putting the bill entirely out of court.
But the other objection, of a want of right or title in the complainant to file such a bill, appears to be a fatal objection to it, so as to require its dismissal. The chancellor holds the rule to be a strict one that before a decree or decretal order is made by which a defendant…
2Cited by1 opinion
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