Fisher v. Collver

There is no merit in the contention of defect of parties. This statutory ground for demurrer means too few parties: Tieman v. Sachs, 52 Or. 560 (98 Pac. 163). We take it appellant is complaining that too many have been joined in this action.

Relative to the second ground for demurrer, defendant asserts that it is improper to join, as parties defendant, a maker and an indorser of a promissory note, as their contractual obligations are separate and distinct. In view of the waiver of notice of protest and nonpayment, there is an absolute obligation on the part of the defendant, W. A. Collver, as…