Dickler v. National City Bank

This motion must be determined in the light of section 258 of the Civil Practice Act as it is now written (Laws of 1935, chap. 339, effective Sept, 1, 1935). This section, in the view of the court, does not, as plaintiff contends, supersede rule 102 of the *318Rules of Civil Practice. While under the present wording of section 258 a plaintiff “ may unite in the same complaint two or more causes of action whether they are such as were formerly denominated legal or equitable,” this does not permit the joinder in one complaint of mutually exclusive causes of action. The joinder in the same complaint…