Legal Opinion · Dissent

Archer v. Musick

Nebraska Supreme Court

Decided June 7, 1946No. 32067Published

1DissentChappell, J.

I am unable to agree with the majority opinion and respectfully dissent.

The question presented is whether there was a defect of parties plaintiff and a misjoinder of causes of action. The majority opinion in effect holds that there was not a defect of parties plaintiff and that plaintiff had the right to separately maintain his own cause of action, as well as the 39 others assigned to him for collection, but that since he was not the real party in interest as to the latter there was a misjoinder of all causes of action in one action because a *356judgment in no cause of action would effect the…

2Cases cited18 opinions

  1. Mid-Continent Pipe Line Co. v. HargraveCourt of Appeals for the Tenth Circuit · 1942
  2. McArthur v. MoffetWisconsin Supreme Court · 1910
  3. Booth v. Montgomery Ward & Co.District Court, D. Nebraska · 1942
  4. Hargrave v. Mid-Continent Petroleum CorporationDistrict Court, E.D. Oklahoma · 1941
  5. Hoagland v. Van EttenNebraska Supreme Court · 1888

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API