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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 423   View pdf image (33K)
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WHITE VS. WHITE. 423
such discovery or relief as is thereby sought and prayed for
from or against this defendant. That this defendant is not a
necessary, material or proper party to any litigation in respect
of or relating to any matters of equity pretended in said bill of
complaint against his co-defendants; and that said bill contains
and alleges several distinct matters and causes in no way de-
pendent or associated with each other, or proper to be litigated
in one suit.
Upon this demurrer the Chancellor delivered the following
opinion.]
THE CHANCELLOR.
To the bill filed in this case, the defendant, Henry White,
has demurred, and for cause of demurrer says, "that the said
complainant hath not in, and by his said bill, made or stated
such a case as doth or ought to entitle him to any such dis-
covery or relief as is thereby sought and prayed for from or
against this defendant," "and that the said defendant is not a
necessary, material, or proper party to any litigation in respect
of or relating to any matter of equity pretended in said bill of
complainant against his co-defendant."
This demurrer was submitted by the defendant, Henry
White, during the sittings of the term, and is now, under the
rule, laid before the court for decision, upon an argument in
writing on his part.
The bill has been carefully read and considered, and I am
of opinion that it does not state a case upon which the com-
plainant can, upon the principles which govern pleadings in
equity, be entitled to a discovery and relief against this de-
fendant.
Henry White was not a partner in the firm of John C.
White & Sons, and cannot be called upon to account in the
capacity of a partner, and if he is liable at all to the complain-
ant for any thing connected with the affairs of the partnership,
it is in respect of the allegation that Campbell P. White, who
was a partner, "is about to receive, if he has not already done

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 423   View pdf image (33K)
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