The Franklin Life Ins. Co. v. Tharpe

The appeal is from an order denying motion to dismiss amended bill of complaint.

The fifth ground of the motion to dismiss was:

“Said amended bill of complaint is multifarious in that plaintiffs are suing upon two separate and distinct policies of insurance.”

Ground six of the motion was:

“Said amended bill of complaint is multifarious in that the plaintiffs do not have a joint or several interest in both of the policies of insurance described therein.”

Pertinent parts of the amended bill of complaint show that Lester T. Tharpe, Jr., is a minor; that Virginia Y. Tharpe is a widow and is the mother…