Carrier v. Bernstein Bros.
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. The plaintiff, a citizen and resident of Marshall county, Iowa, and wife of John Carrier, filed her petition, in two counts, to recover from the defendants for alleged sales of intoxicating liquors made by them in said county, in a place described, to her said husband.
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Appeal from Marshall District Court. — Hon. S. M. Weaver, Judge. The plaintiff, a citizen and resident of Marshall county, Iowa, and wife of John Carrier, filed her petition, in two counts, to recover from the defendants for alleged sales of intoxicating liquors made by them in said county, in a place described, to her said husband. In the first count, she ¡ask» to recover, under section 1557 of the Code of .1873, for damages to her person, property, and means of support, caused by illegal sales of intoxicating liquors to her husband by the defendants, whereby he was rendered drunken,…
1Opinion of the CourtGiven, J.
1 Appellants’ first contention is that the court erred in overruling defendants’ motion to strike the first count, or to require the plaintiff toi elect upon which count she would proceed, insisting that there is a misjoinder of parties, and of causes of action. Section 2630 of the Code of 1873 provides, as follows: “Causes of action of whatever kind) where each may be prosecuted by the same kind of proceedings,-provided that they be by the same party, and against the same party in the same rights, and if suit on all may be brought and tried in that county, may be joined! in the same…
2Cited by3 opinions
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