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35 Fla. 169

Carter v. Smith

Supreme Court of Florida

Decided January 15, 1895

Supreme Court of Florida · decided 1895-01-15

statement. This is a suit brought by the appellee against the appellant in the Circuit Court for Levy county, in chancery, and the ultimate relief prayed for in the bill is that the appellee be made a co-plaintiff in another suit pending in the same court against the appellant, to which he is not a party, and be allowed to participate in the relief prayed for in the bill in that suit. The appellant interposed a general demurrer to the bill.

Cited by 3 later decisions — most recently August 1926

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-01-15

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Malone, Circuit Judge,

¶1(after stating the facts)-.

¶2The primary question raised by the pleadings in this suit is whether the appellee stated in his bill such a case as entitled him to be made a co-plaintiff in another suit, to which he was not a party, and to participate in the relief prayed for in the bill in that suit.

¶3The appellee neither stated in his bill the purposes- or objects of that other suit; nor the relief prayed for therein; nor his interest, if any, in the subject-matter thereof; nor whether his interest, if any, is adverse and conflicting or consistent with that of the plaintiff' therein; nor whether the plaintiff therein consents or objects to his being made a co-plaintiff therein. These matters are left to conjecture. In the absence of information touching them, we are unable to discover from the bill that the appellee is either a necessary or proper party to that other suit. The bill, therefore, is-so vague and indefinite that it does not state any case-upon which a court of equity will grant relief. Besides, there is no practice in equity which will authorize the court, upon the application of a person not a party to a suit, to compel a plaintiff to make such, person a co-plaintiff. Drake vs. Goodridge, 6 Blatchford, 151.

¶4The decree appealed from is reversed.

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