Mountein v. King

Citations

• 75 Fla. 12
• 77 So. 630

Syllabus

<p>1. A demurrer which is addressed to the entire bill must be treated as a general demurrer, and should be overruled if there is any equity in the allegations of the bill, even though there are grounds of the demurrer which might prevail if the same were incorporated in a special demurrer, and directed to the vulnerable parts of the bill.</p> <p>2. Where 9. demurrer is to .the whole bill, special grounds therein that are not applicable to the whole bill will not be considered. Multifariousness goes to convenience more than to the merits; and when there is a general demurrer for want of equity, a ground of demurrer for multifari'ousness may not avail if there is equity in the bill. A bill is not multifarious because it seeks in a proper case to procure partition and an accounting.</p> <p>3. Frequently the fact that demands which are otherwise entirely distinct relate to the same subject-matter affords a sufficient connection to justify their union in one bjll, and avoids an objection for multifariousness.</p> <p>4. To render a bill in equity multifarious for misjoinder of causes it must contain two or more distinct and independent causes of action that cannot properly be joined in one bill of complaint.</p> <p>5. In considering the question of multifariousness the matter particularly involved is convenience in the administration of justice, and if this can be accomplished by the mode of procedure adopted, an objection for multifariousness should not be allowed.</p> <p>' 6. It it well settled that the objection of multifariousness or misjoinder is a pers'onal one, and that only a defendant who is prejudiced thereby can be heard to complain of it.</p> <p>7. While a bill in equity should not contain distinct and disconnected causes of action as to which different independent decrees may be rendered, yet one defendant against whom relief is Sought in every phase of the case is not prejudiced by the joinder of matters, and he cannot in general justly complain on his demu