Marcellus v. Wright

To the complaint in this action defendants interposed a joint demurrer, specifying the following grounds: “(1) That the plaintiff has not the legal capacity to sue. (2) That there is another action pending between the same parties for the same cause. (3) That there is a defect of parties plaintiff, in that it is shown in paragraph VII that the heirs of Emit Marcellus, deceased, have an interest in the controversy. (4) That causes of action have been improperly united in that an action for an alleged tort is united with an action which sounds in contract and said causes of action-are not…