151 Ga. 46 | Ga. | 1921
(After stating the foregoing facts). It is insisted that under, the provisions of our statutes relating to certain branches of equitable jurisdiction the petitioner is entitled to the injunctive relief sought, and counsel quote the following provisions of law: Civil Code, § 5469, declaring: “ Equity will entertain a bill of peace . . To avoid a multiplicity of suits, by establishing a right, in favor of or against several persons, which is likely to be the subject of legal controversy, or in other similar, cases.” And Civil Code, § 5419: “ Where there is one common right to be established by or against several, and one is asserting the right against many, or many against one, equity will determine the whole matter in one action.” Further, so much of section 5493, in regard to restraining trespasses, which declares that the avoidance of circuity and multiplicity of actions is among the grounds authorizing a court of equity to interfere to restrain trespasses. Also that part of section 4586, relating to accounts, and giving equity jurisdiction “ wheré a multiplicity of suits would render a trial difficult, expensive, and unsatisfactory at law.”
Notwithstanding the broad language used in certain of our decisions and in the decisions of other courts, applying the principles
It is provided in our statute relating to the matter of consolidation of suits, that where there is one eommon right to be established by or against several, and one is asserting the right against many, or many against one, equity will determine the whole matter in one action. Civil Code, § 5419. In the case of George W. Muller Bank Fixture Co. v. Southern Seating &c. Co., 147 Ga. 106 (92 S. E. 884), it was said: “A suit in equity, based on separate and distinct claims against different persons, where there is no common right to be established, will be dismissed on demurrer on the ground of multifariousness.” And in the opinion’in that ease it was said: “ As this was an effort to join in one action separate and distinct claims against different" parties, where there was no common right to be established, the petition was subject to demurrer upon the ground that it was multifarious.” In another ease it was said: “It is error to consolidate two or more cases which are not between the same parties and which do not involve the same pleas upon which the same judgment may be rendered.” City of Dalton v. Elk Cotton Mills, 146 Ga. 89 (90 S. E. 718). See also White v. Electric Co.,
Considering the character of the cases brought and the pleas actually filed, and • appropriate defenses which could properly be made the subject of amendments, the court below properly refused the injunctive and other relief sought by the petition.
Judgment affirmed.