State Ex Rel. Stine v. McCaw

It was conceded on oral argument that the amended petition of relatrix states facts which, if proven, would entitle her to relief as against the respondents McCaw and Sherwood.

It is apparent, however, from the amended petition that the complaint made and relief sought against the respondents McCaw and Sherwood are not identical with the complaint made and relief sought against the respondents Smith and Emmons, and that there is, therefore, a misjoinder of causes of action and of parties respondent. O’Brien et al., Receivers, v. Fitzgerald, 143 N. Y., 377, 38 N. E., 371.

The relatrix seeks to…