Beckwith v. Dargets
Supreme Court of Iowa
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
- Dorsey v. PackwoodSupreme Court of the United States · 1852
- Peabody v. Washington County Mutual-InsuranceNew York Supreme Court · 1855
- Davis v. BonarSupreme Court of Iowa · 1863
3Cited by4 opinions
- Turner v. First National BankSupreme Court of Iowa · 1869
- Dubuque County v. ReynoldsSupreme Court of Iowa · 1875
- Gagle v. BesserSupreme Court of Iowa · 1913
- Mornan v. CarrollSupreme Court of Iowa · 1872