Page:Federal Reporter, 1st Series, Volume 8.djvu/471

 BUERK V. IMHABUSER. 457 �The case will be referred to a master, to state an account between the parties in conformity to the views herein expresse^. When the balance due the plaintiffs is ascertained, we will consider whether they may not be entitled to an injunction againt the defendant until he pays the arrears of royalties so foand to be due. . ���BuERK t>. ImHABUSEB. '. �{Circuit Court, 8.2). Neuf York. Jv.'flflSSi),. ' ,,^ �1. EquiTT Pi-BADiNG— Dbmubbbrs. I ,, �A bill is not demarrable -when a louildation lias: been laiS for •aotae' 6f ihfe dis- '; cpvery and relief asked. . ' i ■ ,v:r' ;:■ �2. SaMB— MXJIiTIPARipUSNBBS. " ' '.!'i',i-: ;:::'■ �No one can object.to a bill on the ground of niultifarlouaiiess iinless tajuredj tliei'eby. ' ' ', ' �3. Peactice— ArrEAiiiNG Generallt— Waiver. �By appearing generally, onewaives liis right to objeot that lieis n^t liamed as a defendant in the prayer for a subpœna. . r' �J. Vansantvord,iioi ■pl&inti'S. �^. ?r. jBriescra, for defendant Imhaeuser. �Blatchford, g. J. As the demurrer is to the •whole bill, and not to any particular discovery or relief asked, and as a foutidatioBt 'is laid in the bill for at least some of the discovery aiid relief asked; the first ground of demurrer must be overruled. The defendant Imhaeu- ser, being liable for each one of the amounts deureed in the one suit, is not in a position to raise the objection bf multif ariousness, as he is in no worse position by having onlybne suit agaihst himthanif there ■were three. Imhaeuser has no concem with the matters referred to in the third ground of demurrer. As Imhaeuser has appeared gener- ally in the suit, he haswaived his right toobjectthatheisHotnamed as a defendant in the prayer for eubpœna, and he has no ooncern with the naming of others in such prayer. �The demurrer is overruled, with leave to the defendant InShaeuser to answer in 30 days, on payment of the plaintiff's costs on the demurrer, to be taxed. ��� �