Howe & Davidson Co. v. Haugan

Citations

• 140 F. 182
• 1904 U.S. App. LEXIS 5073

Syllabus

<p>1. Equity Pleading — Grounds fob Demurrer to Bill — Impertinence.</p> <p>The question whether matter in a bill is impertinent cannot be raised by demurrer, such matter being subject only to exceptions.</p> <p>[Ed. Note. — For' cases in point, see vol. 19, Cent. Dig. Equity, § 525.]</p> <p>2. Same — Multifariousness of Bill.</p> <p>Where a bill alleged easements and water rights in complainant under contracts with a water power company, and interference, and further threatened interference, with such rights by the company and its president, against which injunctive relief was prayed, and also a decree adjusting water rights as between complainant and all other parties, the impleading of other defendants upon allegations that they claimed an interest in the bonds issued by the defendant company which were in fact owned by its president, and that in collusion with the other defendants they threatened to c'ause default to be made on said bonds to be followed by a foreclosure and sale of the property for the purpose of cutting off complainant’s contract rights, does not render the bill multifarious by setting up a separate cause of action, but such averments are proper if so connected with the subject-matter of the bill that they are material to be considered in determining complainant’s contract rights, and, if not, are merely impertinent.</p> <p>3. Same — Parties.</p> <p>Such bill is not one for specific performance, but is in the nature of. a bill quia timet; and where it alleges that complainant’s rights under its contracts are prior and superior to those of the mortgagees, persons alleged to claim an interest in the mortgage are proper parties defendant.</p> <p>4.- Jurisdiction op Federal Courts — Suit Involving Separate Contracts— Determination op Entire Controversy.</p> <p>Where one of complainant’s contracts is clearly within the jurisdiction of a federal court, it draws to that court jurisdiction to determine the entire controversy, although others of the con