Idaho Gold Reduction Co. v. Croghan
Idaho Supreme Court
APPEAL from District Court, Lemhi County. The demurrer of Croghan as to a misjoinder of parties plaintiff should have been sustained. The corporation, which had no right of action in itself, and whose affairs were entirely in the hands of a receiver was joined as plaintiff with Allan, as receiver. It requires no argument to show that this was clearly a misjoinder; that it is a fatal error. (Stephen on Pleading, 3d American ed., 26; 17 Am. & Eng.
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APPEAL from District Court, Lemhi County. The demurrer of Croghan as to a misjoinder of parties plaintiff should have been sustained. The corporation, which had no right of action in itself, and whose affairs were entirely in the hands of a receiver was joined as plaintiff with Allan, as receiver. It requires no argument to show that this was clearly a misjoinder; that it is a fatal error. (Stephen on Pleading, 3d American ed., 26; 17 Am. & Eng. Encv. of Law, 607; Dias v. Phillips, 59 Cal. 293; Tell ¶. Gibson, 66 Cal. 247, 5 Pac. 223.) We contend that the complaint does not state a cause of…
1Opinion of the CourtHuston, C. J.
— This is an action brought by the plaintiffs against the defendants upon the bond of the defendant Croghan as postmaster, and the other defendants as sureties on such bond to recover the sum of $500 alleged to have been converted by the defendant Croghan while he was postmaster at Gibbonsville, Lemhi county, Idaho, and which was alleged to be the money and property of plaintiffs. Defendant Davis-was not served. Defendants Croghan and Maydole filed separate demurrers, setting up various grounds: 1. Misjoinder of' parties plaintiff; 2. Misjoinder of parties defendant; 3. Ambiguity; 4.…
2Cases cited2 opinions
- Bishop v. WilliamsonSupreme Judicial Court of Maine · 1834
- Christy v. SmithSupreme Court of Vermont · 1851
3Cited by5 opinions
- United States Ex Rel. Midland Loan Finance Co. v. National Surety Corp.Supreme Court of the United States · 1940
- United States ex rel. Midland Loan Finance Co. v. National Surety Corp.District Court, D. Minnesota · 1938
- Wile v. United States Fidelity & Guaranty Co.District Court, D. Alaska · 1918
- United States ex rel. Midland Loan Finance Co. v. National Surety Corp.Court of Appeals for the Eighth Circuit · 1939
- W. T. Rawleigh v. SherwoodWyoming Supreme Court · 1929