Hardie v. Bulger

Citations

• 66 Miss. 577

Syllabus

<p>1. Chancery Pleading. Amendment to bill. Different state of facts.</p> <p>A different state of facts from those averred in the original bill may be set up by way of amendment, if the character of the relief sought remains the same, and this, notwithstanding the averments in the amendment are inconsistent with those of the original bill; provided they are not inconsistent with its purpose and the relief originally sought.</p> <p>2. Same. Bill to cancel mortgage. Amendment.</p> <p>To a bill seeking cancellation of a mortgage for certain alleged reasons, an amendment will be permitted which sets up other and even inconsistent reasons upon which the same relief is prayed.</p> <p>3. Demurrer to Amendment. Evidence taken prior to amendment not considered.</p> <p>In passing upon a demurrer to an amendment to a bill, the evidence taken on the issues previously joined on the original bill cannot be considered. The court should look only to the original bill and the amendment.</p> <p>4. Multieariousness. Multiplicity of suits. General rule.</p> <p>Multifariousness cannot be determined according to any clearly defined rule. But it may generally be said that on the one hand distinct and disconnected matters should not be combined in one suit to the vexation and delay of defendants, while, on the other hand, a multiplicity of suits should be avoided where the general objects of the bill may be advanced by combining the subjects of controversy, if th^re is a common duty in the defendants, and a common interest in the complainants.</p> <p>5. Same. Single suit to cancel distinct conveyances. Case in judgment.</p> <p>Complainants who are interested as stockholders or otherwise in corporate property, may join in a single suit as parties defendant the grantees in distinct conveyances of the said property, which they seek by said suit to cancel because made under an invalid resolution of the directors.</p> <p>6. Demurrer to Amendment aeter Answer to Original Bill.</p> <p>A defendant