Atchison, Topeka & Santa Fe Railway Co. v. Smith

The plaintiff filed a complaint in equity to enjoin the prosecution of a large n'umber of suits instituted against it by the defendant, and to compel their litigation in a single action. Demurrer to the complaint was sustained, and the plaintiff refusing to amend, judgment was given for the defendant. This appeal is by the plaintiff from the judgment refusing the equitable relief prayed for and dismissing the action. The questions on appeal, therefore,» go to the sufficiency of the complaint to entitle the plaintiff to relief.

The facts set out in the complaint and as admitted under demurrer so far as this appeal is concerned, are in substance as follows:

It is further alleged that the defendants, Smith, as plaintiff, Flournoy, the justice of the peace, and Emmons, Smith’s attorney, have confederated and conspired together to maintain and" prosecute these numerous separate actions, instead of. consolidating them, in order to force the defendant, by the multiplicity of the suits and the excessive cost of litigating them separately, to a settlement without a contest, on their merits; that Smith is financially irresponsible, and that this plaintiff, defendant in each of the…