Tribette v. Illinois Central Railroad

Citations

• 70 Miss. 182

Syllabus

<p>1. Chancery Jurisdiction. Multiplicity. Community of interest. Legal demands.</p> <p>The jurisdiction of equity to prevent a multiplicity of suits does not extend to enjoining a number of separate actions at law against the same defendant to recover damages, where the plaintiffs have no community of interest, except in the question of law and fact involved, and cannot be proceeded against separately in equity.</p> <p>2. Same, Injunction. Separate actions of trespass. Case.</p> <p>Accordingly, where a number of independent property owners have brought separate actions at law to recover damages of a railroad company for the burning of their property, it cannot enjoin them in equity, on the ground of preventing a multiplicity of suits, although the burning of all resulted from the same alleged negligent act, and all the actions involve the same question of law and fact.</p> <p>3. Appeal. JSrror of jurisdiction. Const. 1890, 2147.</p> <p>An appeal from a decree enjoining such suits for multiplicity is not governed by §147, const. 1890, prohibiting a reversal because of error as to whether the cause was of equity or common law jurisdiction, the'question being merely as to the power in any court to join such parties in one suit.</p>