J. P. Morgan Paving Co. v. Shoemaker

The demurrer attacks the complaint for its alleged joinder of two distinct causes of action in a single count, viz. the maintenance of an asphalt mixer and boiler, and also the keeping of a large number of mules, in close proximity to plaintiff’s house. The theory of the demurrer is that these aie separate and distinct nuisances in operation and effect, and the principle invoked is that laid down in Iron City Mining Co. v. Hughes, 144 Ala. 608, 42 So. 39 :

“While, under our system of pleading as well 'as under the common law, counts for distinct and independent torts, of the same nature, and…