Fish v. Hose

This is a joint demurrer by the defendants. The plaintiff has clearly a cause of action against the defendants, separately. The demurrer takes the objection that the facts stated do not constitute a cause of action against the defendants, jointly or severally.

But in an action against two defendants the complaint will not be held bad on a joint demurrer by both defendants, put upon the ground that it does not state facts sufficient to constitute a cause of action, if it states a cause of action against *239either (Phillips agt. Hagadorn, 12 How. P. R., 17; Eldridge agt. Bell, idem, 547).

In order…