Sadler v. Whitehurst

Citations

• 83 Va. 46
• 1 S.E. 410
• 1887 Va. LEXIS 37

Syllabus

<p>1. Chancery Practice—Bill—Multifariousness.—A bill is multifarious which improperly joins distinct and independent matters, thereby eon-founding them, as, for example, the uniting in “one bill of several matters perfectly distinct and unconnected against one defendant, or the demand of several matters of a distinct and independent nature against several defendants in the same bill. Dunn v. Dunn, 26 Gratt. 271.</p> <p>2. Idem—Case at Bar—A bill is filed by creditors of a partnership dissolved by death of one partner, suing for the creditors of the partnership, the creditors of the deceased partner and the creditors of the sur° viving partner, against the surviving partner as such and also in his own right, against the widow of the deceased partner as his executrix and also in her own right, and against the children and legatees of the deceased partner, for the purpose of ascertaining the partnership assets, the individual assets of the deceased partner, and the individual assets of the surviving partner, and of subjecting the assets in each case to the payment of the debts of each.</p> <p>Held :</p> <p>The bill is multifarious.</p> <p>3. Idem—Accounts.—No account should be ordered when the answer denies all the material allegations of the bill and there is no proof to sustain them. It will not be ordered to find proof of those allegations. Lee Co. Justices v. Fulkerson, 21 Gratt. 182. •</p>