New Orleans & N. E. R. v. New Orleans Great Northern R.

Citations

• 107 Miss. 453
• 65 So. 508

Syllabus

<p>1. Account. Equity. Jurisdiction. Adequacy of legal remedy. Pleading. Multifariousness. Code 1906, section 598.</p> <p>Where complainant railway company, while, operating its trains over defendant’s railway tracks under a joint agreement, sustained a wreck and a collision due to the negligence of the servants of defendant, thereby suffering great damages .and being compelled to pay large sums of money to divers persons, and its rights may depend upon the statement of a mutual account involving many items' In such case complainant not having a full, adequate and complete remedy at law for damages may maintain a suit in equity for the statement of a mutual account.</p> <p>2. Equity. Pleading. Demurrer. General demurrer. A general demurrer must be sustained or overruled in its entirety.</p> <p>3. Equity. Pleading. Multifariousness. Code 1906, section 598.</p> <p>Under Code 1906, section 598, so providing, the uniting in the same bill of several distinct and unconnected matters of equity against the same defendant does not render the bill multifarious.</p>