Halstead v. Shepard
Supreme Court of Alabama
Appeal from the Chancery Court at Monroeville. Heard before the Hon. J. W. Lesesne. This was a bill filed by Alfred Shepard, the appellee, against Benjamin H.Halstead, his late co-partner, Wilson Ashley, Elijah McCreary, Willis Strickland and William Thomas as administrator of Joseph Thomas, deceased.
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Appeal from the Chancery Court at Monroeville. Heard before the Hon. J. W. Lesesne. This was a bill filed by Alfred Shepard, the appellee, against Benjamin H.Halstead, his late co-partner, Wilson Ashley, Elijah McCreary, Willis Strickland and William Thomas as administrator of Joseph Thomas, deceased. It alleges that complainant and said Halstead entered into a co-partnership for the purpose of building a mill in Conecuh County ; that in pursuance of said agreement, they built in company a saw and grist mill, and run the same for a certain time named in said bill; that they afterwards sold…
1Opinion of the CourtGibbons, J.
A demurrer was filed to the bill in the present case for multifariousness, and that constitutes the first ques*569tion presented for our decision. It is not improper to premise that, in determining whether the demurrer is sustainable or not, we can look alone to the bill, and not to the answers of the several defendants, or the proofs in the cause.
It is unquestionably true that it is not competent for a party to join improperly in one bill distinct a,nd independent matters, and thereby confound them ; “ as for example, the uniting in one bill of several matters perfectly distinct and unconnected…
2Cases cited1 opinion
- Felder v. DavisSupreme Court of Alabama · 1850
3Cited by25 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Hinds v. HindsSupreme Court of Alabama · 1885
- Cannon v. LindseySupreme Court of Alabama · 1887
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
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