Adams v. Stevens
New York Court of Common Pleas
Action by John J. Adams against Marietta B. Stevens and James-M. Bankin to recover for services rendered as an attorney at law-Defendants demur to the complaint. Sustained.
1Opinion of the CourtPbtob, J.
In an action by an attorney for professional services the defendants jointly demur to the complaint for misjoinder of causes of action, in that the two alleged causes of action do not affect both defendants. If the complaint in an action against two defendant states facts showing a cause of action against each separately, but not a cause of action against both jointly, the defendants may demur jointly on the ground of the misjoinder of causes of *994action (Hess v. Railroad Co., 29 Barb. 39); and the demurrer is not obviated by the fact that the several causes of action are indistinguishably…
2Cases cited16 opinions
- Wiles v. . SuydamNew York Court of Appeals · 1876
- The Rider Life Raft Co. v. . RoachNew York Court of Appeals · 1884
- Goldberg v. . UtleyNew York Court of Appeals · 1875
- Nichols v. . DrewNew York Court of Appeals · 1883
- Bort v. YawSupreme Court of Iowa · 1877
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3Cited by4 opinions
- Willey v. NicholsWashington Supreme Court · 1898
- Goldmark v. Magnolia Anti-Friction Metal Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Keyes v. AkinsNew York Supreme Court · 1916
- Tew v. . WolfsohnNew York Court of Appeals · 1903