County of Stark v. Mischel
North Dakota Supreme Court
From an order of the District Court of Stark County, Grawford, J., overruling demurrer, defendants appeal. The complaint states various separate causes of action, some in tort, some upon contract, and others seeking equitable relief, and against different defendants, not of the same class, the causes of action not common to all, and the liability of defendants, if any, being separate and distinct. Such a complaint cannot stand the ordinary test of pleadings.
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From an order of the District Court of Stark County, Grawford, J., overruling demurrer, defendants appeal. The complaint states various separate causes of action, some in tort, some upon contract, and others seeking equitable relief, and against different defendants, not of the same class, the causes of action not common to all, and the liability of defendants, if any, being separate and distinct. Such a complaint cannot stand the ordinary test of pleadings. Mares v. Wormington, 8 N. D. 333, 79 N. W. 441; Taugher v. Northern P. R. Co. 21 N. D. Ill, 129 N. W. 750; Keep v. Kaufman, 56 N. Y.…
1Opinion of the CourtGoss, J.
This is an action brought against the former county commissioners and state’s attorney of Stark county and their bondsmen. A demurrer for misjoinder of defendants and causes of action was overruled, and from which this appeal is taken. The complaint sets forth the official capacity of the defendants, their qualification as such officials, and that certain defendants are sureties on the official bonds of said other defendants. That there existed in favor of the county a cause of action against one White, formerly county auditor, and the Northern Trust Company as surety on White’s bond, and…
2Cases cited17 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Craft Refrigerating MacHine Co. v. Quinnipiac Brewing Co.Supreme Court of Connecticut · 1893
- Solomon v. . BatesSupreme Court of North Carolina · 1896
- McArthur v. MoffetWisconsin Supreme Court · 1910
- Aylesbury Mercantile Co. v. FitchSupreme Court of Oklahoma · 1908
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3Cited by13 opinions
- Miles v. WrightArizona Supreme Court · 1920
- James v. YoungNorth Dakota Supreme Court · 1950
- S. A. Gerrard Co. v. CouchArizona Supreme Court · 1934
- Smith v. GibbonsSupreme Court of North Carolina · 1949
- First Nat. Bank Bldg. Co. v. RiddleSupreme Court of Oklahoma · 1920
8 more not listed; retrieve them via the Exa API.