Legal Opinion

Jones v. Tuttle

Supreme Court of Vermont

Decided March 15, 1882PublishedCited by 1 opinion

Heard on demurrer to the declaration, June Term, 1881, Powers, J., presiding. The court overruled the demurrer, and allowed the plaintiffs to amend their declaration. The action was general assumpsit; and the defendant was summoned “ to answer to Matilda J. Jones and James M. Jones, husband of said Matilda J., of, Ac.”

1Opinion of the Court

The opinion of the court was delivered by

Royce, Oh. J.

This cause was heard upon a general demurrer to the declaration. That there was a misjoinder of plaintiffs was apparent. To entitle a wife to join as a co-plaintiff with her husband, there must bo such allegations as show that she has an interest in the cause of action. It has been considered, since the case of Weller et al. v. Baker, 2 Wilson, 414, that when the wife joins as co-plaintiff with her husband, her interest in the cause of action must be expressly stated.

When the'misjoinder appears by the pleadings, advantage may be taken of…

2Cases cited3 opinions

  1. Baird v. FletcherSupreme Court of Vermont · 1878
  2. Myers v. W. G. Lyon & Co.Supreme Court of Vermont · 1878
  3. Tex. & Pac. R'y Co. v. WoodallCourt of Appeals of Texas · 1884

3Cited by1 opinion

  1. Rich v. SowlesSupreme Court of Vermont · 1892

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API