Weaver v. Mark

HICKS, Circuit Judge.

Appellants, Joseph C. Weaver and Dora McChesney (mother-in-law of Weaver), were passengers in an automobile driven by appellee Clayton Mark, Jr., and were injured when it overturned. They brought separate suits for damages growing out of the accident. The court sustained a demurrer to an amended petition in each case and dismissed the suits.

The appeals were heard together and one opinion will suffice.

The demurrers were identical and were in substance, (1) that the amended petitions did not state causes of action; and (2) that a misjoinder of parties appeared upon tile…