Darcey v. Lake

Citations

• 46 Miss. 109

Syllabus

<p>1. Multifabiousness defined. — By multifariousness in a Bill is meant the improperly joining in one hili distinct and independent matters, and thereby confounding them; and the case under consideration is an instance.</p> <p>2. Same — how taken advantage of. — When a bill is multifarious the court sua sponte may take the objection at the hearing, but the defendant can object only by special demurrer, which is necessary to reach a defect in the form and structure of the bill, as multifariousness is.</p> <p>3. Same — case tjndeb beview. —The decree of the chancery court in this case was reversed, because, while the bill was pronounced to be multifarious, the demurrer was general and not special.</p> <p>4. JURISDICTION OE EQUITY TO SUBJECT EQUITABLE ASSETS, OB OHOSES IN action. — A creditor cannot resort to a court of equity to subject equitable assets, or choses in action, not subject to be taken upon execution, to the payment of his debt, until he has obtained judgment at law upon his demand, and issued execution, and had return of nulla bona.</p>