Santacruz v. Santacruz

Citations

• 44 Miss. 714

Syllabus

<p>1. Appeal ebom a judgment ovebbtjling a dehubbeb, with leave to amend. — The record recites, “ it is decreed that tho demurrer be overruled with leave to answer in thirty days, and the complainant, on motion, is granted leave to amend his bill of complaint, from which opinion and decision of the court, respondent prayed and obtained an appeal.” Tho appeal was entertained in the supreme court.</p> <p>2. Chancery — Bill—Multifabiousness.—Multifariousness in a bill of complaint, is cause of demurrer.</p> <p>3. Same — Jubisdiciion—Demubbeb.—A suit on an open account and arbitration and award, are matters within the jurisdiction of a court of common law, and unless some special equity be shown, their introduction into a bill in chancery, is cause of demurrer. A bill to foreolose a mortgage is not sufficient, without there is prayer for sale, upon the coming in and confirmation of report of the amount due.</p> <p>4. Same — Eiiaud—How chabged. — A mere nalced charge of fraud, without any statement of tho elements of fraud, showing a case for equitable relief, is not sufficient, and is demurrable.</p> <p>5. Bill to eobeolose a mortgage — What to contain. — A bill to foreclose a mort-gago, is not sufficient, without a prayer for sale, upon the coming in and confirmation of the report of the amount due, and is demurrable.</p>