Whisten v. Kellogg

The action is to foreclose a mechanic’s lien. All the defendants demur to the complaint on the ground that “ causes of action have been improperly united, and do not affect all the parties to the action, in that the action is brought against two or more persons who are not severally liable upon the same instrument, to wit, against the .contractor named in the contract annexed to the complaint, for breach of the said contract and the covenants thereof, and against the guarantor upon a separate instrument, viz., a guaranty, also annexed to said complaint.” The defendant Kellogg is the owner of…