Lykes Bros. Ripley S. S. Co. v. Wiegand Marionneaux Lumber Co.

HIGGINS, Justice.

The plaintiff appealed from a judgment sustaining an exception of misjoinder of parties defendant and dismissing its suit on the ground that the petition improperly cumulated two separate and distinct causes of action; First, an action ex contractu against one of the defendants; and, second, an action ex delicto against the other two defendants.

The defendant answered the appeal, praying that the judgment appealed from be affirmed upon the grounds of misjoinder of parties defendant; and, in the alternative, that the exceptions of no right or cause of action filed in the…