Brown v. Woods
Supreme Court of Missouri
Appeal from Linn Circuit Court. The petition stated a good cause of action against Woods and Stephens, and even if Pratt was improperly joined, or if no cause of action was stated against him, the demurrer could only have been sustained as to him; and the court should not have given judgment on such demurrer in favor of Stephens and Woods.
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Appeal from Linn Circuit Court. The petition stated a good cause of action against Woods and Stephens, and even if Pratt was improperly joined, or if no cause of action was stated against him, the demurrer could only have been sustained as to him; and the court should not have given judgment on such demurrer in favor of Stephens and Woods. (Ashby v. Winston, 26 Mo. 210, and cases cited; Lyon v. Page, 21 Mo. 104.) The defendants had the right to join in the demurrer because of a misjoinder of parties defendant, (Farmers’ Bank of Mo. v. Bayless, 41 Mo. 285; Wagn. Stat. 1014, § 6.) In the case…
1Opinion of the CourtCurrier, Judge
A good cause of action is admitted to be stated against one of the three defendants, but all joined in a demurrer to the petition; the cause of demurrer relied upon being the misjoinder of the parties defendant. The demurrer was sustained as to all, and final judgment was rendered in their favor accordingly. The demurrer should have been overruled as to the party or parties against whom a good cause of action was stated, and who were consequently properly joined in the suit. This is the. settled practice in this State. (Ashby v. Winston, 26 Mo. 210 ; Bank of the State of Missouri v. Parris,…
2Cases cited2 opinions
- Ashby v. WinstonSupreme Court of Missouri · 1858
- Bank of Missouri v. ParrisSupreme Court of Missouri · 1865