Daniels v. Berry

(dissenting) : In my opinion the order of his Honor, Judge Dennis, sustaining the demurrer to the complaint, was erroneous and should be reversed. I therefore dissent from the opposite conclusion announced in the opinion of Mr. Justice Stabler, for the reasons which follow.

This is really an action in tort, instituted by the eight plaintiffs, as separate, individual depositors in the Bank of Batta, against the directors of that bank, for damages resulting to them from the loss of their deposits, on account of the insolvency of the bank.

Objections to the complaint upon the ground of misjoinder…