Hardin v. Swoope
Supreme Court of Alabama
Appeal from tbe Chancery Court of Lauderdale. Heard before Hon. Wm. Skinner. The bill is plainly multifarious, and the demurrer should have been sustained. It plainly seeks to join in one bill distinct and independent matters, having no necessary connection with each other. It does not make out even a prima-facie case of a community of interest; but is designed to enforce distinct rights, unconnected, and having no relation to each other.
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Appeal from tbe Chancery Court of Lauderdale. Heard before Hon. Wm. Skinner. The bill is plainly multifarious, and the demurrer should have been sustained. It plainly seeks to join in one bill distinct and independent matters, having no necessary connection with each other. It does not make out even a prima-facie case of a community of interest; but is designed to enforce distinct rights, unconnected, and having no relation to each other. Phillips, the purchaser from Hardin, is in no way interested or connected with the sale by Williams to his children, and vice versa, &c. The defense of all…
1Opinion of the Court
PECK, C. I.
The question that first presents itself for consideration on this record, arises on the demurrers and pleas of the defendants to the bill of complaint of the appellees for multifariousness, in improperly joining therein distinct and independent matters.
In disposing of this question, we can only look to the bill, without reference to the answers or proof. — Halstead et al. v. Shephard, 23 Ala. 558.
So much of the bill as seems necessary to a proper understanding of this question, may be briefly stated as follows : 1st. The complainant, Elizabeth T. Swoope, claims to be the owner of…
2Cases cited3 opinions
- Halstead v. ShepardSupreme Court of Alabama · 1853
- Meacham v. WilliamsSupreme Court of Alabama · 1846
- Waller v. TaylorSupreme Court of Alabama · 1868
3Cited by9 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Alexander v. ReaSupreme Court of Alabama · 1874
- Arnett v. WilloughbySupreme Court of Alabama · 1914
- Krieger v. KriegerSupreme Court of Alabama · 1964
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
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