Stansberry v. McKenzie

The question for our decision in this case is: Can a plaintiff sue two or more defendants for slander when he alleges in his declaration that “the said accusations Avere made by the defendants in the presence of each other, by common design or previously formed conspiracy and jointly, each aiding and abetting the other in such false and slanderous accusations”1?

The declaration of the plaintiff Avas demurred to because of the misjoinder of parties, that is, two parties were made defendants to an action for slander, The *640trial judge sustained the demurrer and dismissed the suit.

The general rule…