Barnes v. Ennenga
Supreme Court of Iowa
Appeal from Harr din Oirrcuit Court. The plaintiffs aver that they were the owners of a certain gray mare, and were deprived of the same by the wrongful acts of the defendants. The action is brought to recover of the defendants the value of the mare. There was a trial without a jury, and judgment for the plaintiffs. The defendants appeal.
1Opinion of the Court
Adams, Oh. J.
i. practice : m&ioinler. I. The appellants assign as error that the court erred in rendering a joint judgment. The appellants in their answer pleaded that there was a misjoinder of causes of action. They evidently acquired the idea that there was a misjoinder from their understanding of the facts. But in determining the question of misjoinder we look to the petition. That avers simply a joint tort; hence there was no misjoinder. The error, if any, of the court did not consist in rendering a joint judgment, but in rendering any judgment at all. A joint tort having been averred it…
2Cited by8 opinions
- McDonald v. RobinsonSupreme Court of Iowa · 1928
- Lull v. Anamosa National BankSupreme Court of Iowa · 1900
- State v. McAninchSupreme Court of Iowa · 1915
- Yocum v. HustedSupreme Court of Iowa · 1918
- Boswell v. GatesSupreme Court of Iowa · 1881
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