Barkley v. Williams

Defendants’ demurrer is upon the ground that plaintiff has united in his complaint two causes of action which *688cannot be so united, viz.: One cause of action upon contract and another one based upon section 71, Code, for wilful misconduct by the defendants as attorneys in the prosecution of an action.

Plaintiff seeks to recover damages for the alleged shortcomings of defendants in prosecuting an action for him. Two causes of action are not separately stated in his complaint. It is perfectly well settled, however, that the failure to so state them does not prevent demurrer upon the grounds here…