Wells v. Sewell's Point Guano Co.

Citations

• 89 Va. 708
• 17 S.E. 2
• 1893 Va. LEXIS 91

Syllabus

<p>1. Multieariousness—Definition—Demurrer.—It is well settled that a bill is demurrable in which are united several distinct rights, each sufficient, as stated, to sustain a bill against one defendant, or in which there is a demand of several matters, distinct in their nature, against several defendants, who are unconnected in interest and liability ; and the defect may be availed of by demurrer.</p> <p>2. Idem—Case at bar.—Where bill is filed (1) against one defendant, for specific performance of a contract; (2) in default of this, to obtain a decree against other defendants, for damages for breach of warranty ; (3) against some of the defendants last referred to, for damages fox-false representations in regard to the title; (4) against one of the defendants last referred to, for breach of his promises to save plaintiff harmless in case the defendant referred to in first clause refused specific performance; (5) for a receiver; (6) for a decree against one of the defendants for payment of his subscription to the stock of the defendant company; (7) to have the assets of the company administered for the benefit of its creditors.</p> <p>Held :</p> <p>To say nothing of the demand for damages and for administration of the assets, as not constituting good grounds for a suit in equity, there remained several other demands against several other defendants which cannot be properly joined in the same suit. The bill is multifarious, and was rightly dismissed on demurrer.</p>