Nichols v. Randall
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Appellant. First. — A demurrer will not lie for a misjoinder of parties. Tbe defect of parties for which a demurrer is allowed under tbe code, is a deficiency of, and not too many parties, a non-joinder and not a misjoinder. Gregory vs. OaJcsmiih, 12 jHow. P. R. 17,134 ; Pmkney vs. Wallace, 1 Abbottfs P. R. 82, 44 ; Peaho&y vs. Wash. Ins. Co., 20 Ba/rb.
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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Appellant. First. — A demurrer will not lie for a misjoinder of parties. Tbe defect of parties for which a demurrer is allowed under tbe code, is a deficiency of, and not too many parties, a non-joinder and not a misjoinder. Gregory vs. OaJcsmiih, 12 jHow. P. R. 17,134 ; Pmkney vs. Wallace, 1 Abbottfs P. R. 82, 44 ; Peaho&y vs. Wash. Ins. Co., 20 Ba/rb. R. 340 ; Lewis et al vs. Williams ei al, 3 Jfitm. Reps. 151 ; Brown- . son et el m. Gifford et al, 8 Sow. P. Bep. 389. Nor will a demurrer lie to tbe demand for relief…
1Opinion of the Court
By the Court
Emmett, O. J.
'There were separate demurrers to the complaint in this case — one interposed by Ean-dall and Morton, the other by Levering. The demurrers were severally sustained by the Court below, and the Plaintiff appealed from the decision in each case, thus presenting two cases for consideration, but as they do not essentially differ, we will consider them together.
It appears from the complaint that Eandall and Morton made their joint and several promissory note for $1,600, payable to the order of Morton. That Morton endorsed the same and negotiated it with Eoss in his life…
2Cases cited1 opinion
- Lewis & Pickering v. C. W. Williams & SonsSupreme Court of Minnesota · 1859
3Cited by3 opinions
- Olson v. ShirleyNorth Dakota Supreme Court · 1903
- Rogers v. McCauleySupreme Court of Minnesota · 1876
- Livermore v. County of NorfolkMassachusetts Supreme Judicial Court · 1904