Gilmer v. Miller

Plaintiffs brought suit in» the circuit court for the recovery of certain moneys that they claimed to have paid to defendant as their agent in a real estate transaction. The declaration, which was in assumpsit, contained three special counts and, also, the common counts.' Defendant filed an answer admitting the receipt of the payments in question hut denying other material averments in the declaration. Defendant also filed and submitted a motion to dismiss, asserting, among other grounds, a misjoinder of parties plaintiff. The motion was sustained as to the first and third counts of the…