Yazoo & M. V. R. Co. v. McConnell

Citations

• 127 Miss. 581
• 90 So. 321

Syllabus

<p>1. Equity. When equity court may take jurisdiction on bill by number of complainants against one defendant stated.</p> <p>In order for a court of equity to take jurisdiction of a bill in which a number of complainants join against one defendant, there must be some recognized ground of equitable interference, or some community of interest in the subject-matter, or a common right or title involved, to warrant the joinder of all in one suit, or there must be some common purpose in pursuit of a common adversary, where each may resort to equity. »</p> <p>2. Nuisance. Abatement of nuisance ground of equity jurisdiction.</p> <p>Where the injury is continuing in its nature, as the maintenance of a nuisance injurious to all the complainants, the abatement of this nuisance is a ground of equity jurisdiction.</p> <p>3. Equity. Bill for abatement of nuisance for damages held not multifarious.</p> <p>In such case, a bill asking for the abatement of the nuisance, and severally for damages sustained by each complainant because of its maintenance, is not multifarious.</p>