Legal Opinion

Beckwith v. Dargets

Supreme Court of Iowa

Decided April 10, 1865PublishedCited by 4 opinions

Appeal from Marshall District Court. In equity, to remove a cloud upon plaintiffs’ title to a certain lot therein described. Dargets (plaintiffs’ vendor) and Woodbury and Boardman, who, it is alleged, have, or had, an interest in the property, are made defendants. A demurrer of all the defendants to the petition was sustained in favor of Woodbury and Boardman; and from this ruling plaintiffs appeal.

1Opinion of the Court

Wright, Ch. J.

*3041. Pleadings: demurrer. *303The misjoinder of parties is not a cause for demurrer, under our system of pleading and practice. *304A petition may be thus assailed for a defect of parties (plaintiffs or defendants), but not for misjoinder. (Rev., § 2876; Gregory v. Oaksmith, 12 How., 134; Peabody v. Washington Insurance Company, 20 Barb., 339; Dean v. English, 18 B. Monr., 136; Brownson v. Gifford, 8 How., 389; Perry v. Kearns, 15 Iowa, 171.)

2. Parties: joinder. But, passing this view of the case, let us briefly recur to the facts, and ascertain if the appellees (Woodbury and Boardman)…

2Cases cited3 opinions

  1. Dorsey v. PackwoodSupreme Court of the United States · 1852
  2. Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
  3. Davis v. BonarSupreme Court of Iowa · 1863

3Cited by4 opinions

  1. Turner v. First National BankSupreme Court of Iowa · 1869
  2. Dubuque County v. ReynoldsSupreme Court of Iowa · 1875
  3. Gagle v. BesserSupreme Court of Iowa · 1913
  4. Mornan v. CarrollSupreme Court of Iowa · 1872

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