Huth v. Woodard

Plaintiff filed her petition against defendant Woodard, as sheriff, and Clifford, a special deputy sheriff, and their bondsmen, seeking, under a first cause of action, the recovery of $25,000 for malicious prosecution; and, under a second cause of action, $5,000 for assault and battery, allegedly committed upon plaintiff by the deputy, Clifford.

Answers were filed by both defendants, and the surety company of each, but no written motion, demurrer, or answer of defendants challenged the propriety of the joinder of the two causes of action, or of the several defendants.

Trial was had, and, at the…