Delinski v. Dunn

Head, Justice.

In the motion to dismiss the certiorari, it is contended that at the time the certiorari was sanctioned H. T. Brice was not a member of the State Board of Corrections, and not a proper party plaintiff; that “said action constitutes an improper joinder and misjoinder of parties plaintiff, and subjects the said proceeding to dismissal.” The inclusion of the name of H. T. Brice as a member of the State Board of Corrections would not subject the entire proceeding to dismissal. The original petition for habeas corpus named H. T. Brice as a member of the State Board of Corrections.…