Lambert v. Jones

— This was an action which was brought against defendant Jones together with George W. Bailey and J. O. Andrews. The cause was dismissed as to the two latter, after which it proceeded to judgment against Jones, the remaining defendant, who has appealed here. The contention of the defendant is, that the plaintifE has sued on one cause of action and recovered on another. This contention must be determined by reference to the allegations of the plaintiff’s petition and instructions.

After eliminating and rejecting as surplusage the allegations of the petition, so far as the same state a cause of…