41 Pa. Super. 309 | Pa. Super. Ct. | 1909
The prayers of the plaintiff’s bill were, (a) for a decree requiring the defendants to contribute and pay to the plaintiff their respective proportionate shares of the amount of a certain judgment obtained against him by the First National Bank of Pittsburg, Kansas, in accordance with the number of shares of the capital stock of the Neosho Valley Investment Company, a Kansas corporation, owned or held by each defendant; (b) for such other and further equitable relief as he was entitled to. There was no prayer for discovery. In order to a final decree, that would give the plaintiff the entire relief prayed and end the whole matter, it was essential that he show the number of shares of stock held by each of the parties called upon to contribute. In strictness he ought to have set this forth in his bill, or to have averred his inability to do so and prayed for discovery. In this particular the bill was defective.
But a more serious and substantial defect was that the bill did not distinctly aver all the facts essential to sustain the
The decree is affirmed at the costs of the appellant.