Happy Valley Farms Inc. v. Wilson

The judgment in this case is based upon the proposition that the cause of action given by the lawmaking body to the husband and surviving children is joint. This right of action can not be both joint and several. It can not be made, as it is by the statute, expressly joint, and then as to recovery permissively several, as made by the decision of the majority. The fundamental error in the majority view is that it is made both joint and several. It is conceded, as has several times-been held, that all must sue; but the reasoning of the majority is that, despite this requirement, some may…