multifariousness
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 74 U.S. 425 - Payne v. Hook · 1868Most cited · 577 citing opinions
A bill cannot be said to be multifarious unless it embraces distinct matters, which do not affect all the defendants alike.
How the Supreme Court has restated “multifariousness”
Each Supreme Court definition of “multifariousness,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “multifariousness”
Court decisions citing the 3 opinions that defined “multifariousness” — 779 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1847–1868
- ORIGINAL
The objection of multifariousness is one of which it is said by the authorities a defendant can avail himself by demurrer or exception taken to the pleading only. That being designed for his protection against the vexation and expense of answering to matters irrelevant to the true controversy existing between him and the complainant, if instead of arresting the irregularity at the commencement and claiming the exemption intended for him, he will go on and answer the bill, the reason for the exemption designed by the rule no longer exists; and although at the hearing the court may, sponte sua, make an objection for multifariousness, it is no longer in the power of a party, after answer, to do so.
objection
the improperly joining in one bill distinct and independent matters, and thereby confounding them… the uniting in one bill several matters perfectly distinct and unconnected against one defendant, or the demand of several matters of a distinct and independent nature, against several defendants in the same bill.
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