Westinghouse Air Brake Co. v. Kansas City Southern Ry. Co.

Citations

• 137 F. 26
• 71 C.C.A. 1
• 1905 U.S. App. LEXIS 4536

Syllabus

<p>1. Pleading—Multifariousness—Impractical or Inconvenient Joinder.</p> <p>The vice of multifariousness is the union of causes of action which, or of parties whose claims, it is either impractical or inconvenient to hear and adjudicate in a single suit. Where it is as practical and convenient for court and parties to deal with the claims and parties joined by a petition in one suit as in many, there is no multifariousness.</p> <p>[Ed. Note.—For cases in point, see vol. 19, Cent. Dig. Equity, § 340.]</p> <p>2. Same—Joinder of Two Causes for Same Relief Permissible.</p> <p>The union of two or more causes of action for the same demand or relief does not render the bill or petition which presents them multifarious.</p> <p>[Ed. Note.—For cases in point, see vol. 19, Cent. Dig. Equity, §§ 341, 345.]</p> <p>3. Same—Joinder of Mechanic’s Bien and Equitable Lien Permissible.</p> <p>The union of a cause of action upon a mechanic’s lien and a cause of action upon an equitable preference in a hill to enforce the same demand, against the same property does not render the pleading multifarious.</p> <p>4. Federal Courts—Construction of Statutes—Following Decisions Destructive of Contract Rights.</p> <p>Decisions of the state courts which so construe their statutes as to destroy or impair rights previously acquired through contracts between citizens of different states under statutes and constitutions which warranted and sustained them when they were vested are not obligatory upon the courts of the United States.</p> <p>[Ed. Note.—State laws as rules of decision in federal courts, see notes to Wilson v. Perrin, 11 C. C. A. 71; Hill v. I-Iite, 29 0. C. A. 553.]</p> <p>5. Mechanic’s Lien—Furnishing Materials in Good Faith Sufficient.</p> <p>The furnishing to a railroad company of proper materials to be used by it in the construction or improvement of its railroad or equipment is sufficient to sustain a mechanic’s lien under sections 4239 et seq., Rev. St. Mo. 1899, without proof of