Mornan v. Carroll
Supreme Court of Iowa
Appeal from Bcobb Disi/ricb Gowrb'. The petition was filed October 5, 1870, and .states, in substance, that since January 1, 1870, the defendant, Edward Carroll, took a sub-contract to do grading on sections 14, 15 and 16, of the Davenport and St. Paul Railroad, in Winfield township, in Scott county; that said railroad company is a corporation under the laws of this State, for the building of a railroad through said county to St. Paul; that said Carroll - commenced said work…
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Appeal from Bcobb Disi/ricb Gowrb'. The petition was filed October 5, 1870, and .states, in substance, that since January 1, 1870, the defendant, Edward Carroll, took a sub-contract to do grading on sections 14, 15 and 16, of the Davenport and St. Paul Railroad, in Winfield township, in Scott county; that said railroad company is a corporation under the laws of this State, for the building of a railroad through said county to St. Paul; that said Carroll - commenced said work in the spring of 1870, and from time to time, during the progress of said work, employed each of the plaintiffs to work…
1Opinion of the CourtMiller, J.
i. demurrer : nonjoinder of^ parties. I. The objection made by the demurrer of Carroll is, that the plaintiffs join in the action, while interesfe3 are several and not joint. This n0^ a defect °f parties, but, if an objection at aft? ft ft a mftj0inder of parties, which consists in joining as plaintiffs persons who have not a joint interest in the subject of the action. A defect of parties occurs where there is an omission of some one of the persons who ought to have been made a plaintiff or defendant along with others. At common law this was called a nonjoinder. Where one who should have…
2Cases cited4 opinions
- Jones v. Swan & Co.Supreme Court of Iowa · 1866
- Cotes v. ShoreySupreme Court of Iowa · 1859
- Beckwith v. DargetsSupreme Court of Iowa · 1865
- School District Township of Sioux City v. PrattSupreme Court of Iowa · 1864
3Cited by3 opinions
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Richardson v. Norfolk & Western R'y Co.West Virginia Supreme Court · 1893
- Neil v. Board of TrusteesOhio Supreme Court · 1876