Jones v. Tuttle
Supreme Court of Vermont
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
- Baird v. FletcherSupreme Court of Vermont · 1878
- Myers v. W. G. Lyon & Co.Supreme Court of Vermont · 1878
- Tex. & Pac. R'y Co. v. WoodallCourt of Appeals of Texas · 1884
3Cited by1 opinion
- Rich v. SowlesSupreme Court of Vermont · 1892