Proceedings in the Equity Suit of the Commonwealth of Virginia vs. the State of West Virginia, with an Appendix Volume 1

Proceedings in the Equity Suit of the Commonwealth of Virginia vs. the State of West Virginia, with an Appendix Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...what is not misjoinder; Auctioneer can be joined as coplaintiff with the vender in a bill against the purchaser. Id., m. p. 302. Again: Want of interest by a coplaintiff in the subject matter is ground for demurrer. Story's Eq. Pl., sections 231, 232, 508, and 509. Mitf. Pl., 160,161. Again: Plaintiffs who have no common interest, but assert distinct and several claims against one and the same defendant, cannot be joined. Story's Eq. Pl., section 279. On the other hand, where there is a community of interests among coplaintiffs desiring the same relief against a common defendant, they may be joined. It was held in Ware vs. Duke of Northumberland. 2 Anstruther's Kep., p. 469, that: "Unconnected parties might be joined in one suit where there was a common interest among them all, centering in the point in issue in the cause.," This doctrine is strongly approved by Chancellor Kent in Brickenhoff et als. vs. Browns, where different judgment creditors united in one bill for discovery and account to set aside impediments to their remedies at law caused by the fraudulent acts of their common debtor. i Johnson Chy., 139, 151, 152. Chancellor Kent says at page 151: "It is an ordinary case in this court, for creditors to unite or for one or more, on behalf of themselves and the rest, to sue the representative of their debtor in possession of the assets, and to seek an account of the estate. "This is done to prevent a multiplicity of suits, a very favorite object with this court; and this principle so far controls the other rule, which preserves, in some degree, an analogy between pleadings in chancery, and the simplicity of declarations at common law. There is no sound reason for requiring the judgment creditors to separate...show more

Product details

  • Paperback | 182 pages
  • 189 x 246 x 10mm | 336g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236954734
  • 9781236954732