Multifariousness in United States
Multifariousness Definition
In equity pleading. The demand in one bill of several matters of a distinct and independent nature against several defendants. Cooper, Eq. PI. 182; 18 Ves. 80; 2 Mason (U. S.) 201; 4 Cow. (N. Y.) 682; 2 Gray (Mass.) 467. The uniting in one bill against a single defendant several matters perfectly distinct and unconnected. This latter is more properly called “misjoinder” (q. v.) The subject admits of no general rules, but the courts seem to consider the circumstances of each case with reference to avoiding on one hand a multiplicity of suits, and OB the other inconvenience and hardship to the defendants from being obliged to answer matters with which they have, in great part, no connection, and the complication and confusion of evidence. 1 Mylne & C. 618; 5 Sim. 288; 3 Story, C. C. (U. S.) 25; 2 Gray (Mass.) 471; Story, Eq. PI. §§ 274, 630. It is to be taken advantage of by demurrer (2 Anstr. 469) , or by plea and answer previous to a hearing (Story, Eq. PI. 530, note), or by the court of its own acccod at any time (1 Myline & K. 546; 3 How. [U. S.] 412; 5 How. [U. S.] 127). See, generally. Story, Eq. PL §§ 274-290, 530-540; 4 Bouv. Inst, note 4243.
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Legal Issue for Attorneys
In equity pleading. The demand in one bill of several matters of a distinct and independent nature against several defendants. Cooper, Eq. PI. 182; 18 Ves. 80; 2 Mason (U. S.) 201; 4 Cow. (N. Y.) 682; 2 Gray (Mass.) 467. The uniting in one bill against a single defendant several matters perfectly distinct and unconnected. This latter is more properly called “misjoinder” (q. v.) The subject admits of no general rules, but the courts seem to consider the circumstances of each case with reference to avoiding on one hand a multiplicity of suits, and OB the other inconvenience and hardship to the defendants from being obliged to answer matters with which they have, in great part, no connection, and the complication and confusion of evidence. 1 Mylne & C. 618; 5 Sim. 288; 3 Story, C. C. (U. S.) 25; 2 Gray (Mass.) 471; Story, Eq. PI. §§ 274, 630. It is to be taken advantage of by demurrer (2 Anstr. 469) , or by plea and answer previous to a hearing (Story, Eq. PI. 530, note), or by the court of its own acccod at any time (1 Myline & K. 546; 3 How. [U. S.] 412; 5 How. [U. S.] 127). See, generally. Story, Eq. PL §§ 274-290, 530-540; 4 Bouv. Inst, note 4243.
Notice
This definition of Multifariousness is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.