Pleading And Practice of the High Court of Chancery volume 1
Pleading And Practice of the High Court of Chancery volume 1
Edmund Robert Daniell
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) 124; Abbott V. Johnson, 32 N. Ilamp. 9. A demurrer to a bill for multifariousness goes to the whole bill. Boyd v. Hoyt, 5 Paige, 65; Mcintosh v. Alexander, 16 Ala. 87 ; White v. White, 5 Gill, 359. * Greenwood v. Churchill, 1 M. & K. 557 ; Ohio v. Ellis, 10 Ohio, 456. Where the defendant omits to denmr for multifariousness, the Court may, sua sponte, take the objection and dismiss the bill ; but the Court should not interfere in this way when the trouble and expense by reason of multiftirious...ness might have been saved by a demurrer. Chew v. Bank of Baltimore, 14 Maryland, 299; Oliver v. Piatt, 3 How. U. S. 333, 412; Ohio v. Ellis, 10 Ohio, 456; Story Eq. PI. § 284 a; Hickman v. Cooke, 3 Humphrey, 640; Swayze v. Swayze, 1 Stock.
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