Legal Opinion
Gilmore v. Christ Hospital
Supreme Court of New Jersey
Decided June 9, 1902PublishedCited by 4 opinions
On demurrer to narr.
1Opinion of the Court
The opinion of the court was delivered by-
VAN Syckel, J.
The first count of the declaration sets out a cause of action against both defendants and also a cause of action against the defendant Dickinson alone.
This is a misjoinder of causes of action, and is the subject of general demurrer.
A plaintiff cannot join in one action distinct claims against several defendants. Wills v. Shinn, 13 Vroom 138; 2 Saund. 117a; Hancock v. Haywood, 3 T. R. 433; Drummond v. Dorant, 4 Id. 360; 1 Chit. Pl. 199, 206; Could Pl., ch. 4, §§ 97, 98.
The demurrer to this count is sustained.
The third count of the…
2Cited by4 opinions
- Bost v. . MetcalfeSupreme Court of North Carolina · 1941
- Groover v. HammondSupreme Court of Florida · 1917
- Schoner v. AllenSupreme Court of Oklahoma · 1909
- Ridgley v. WalkerSupreme Court of New Jersey · 1911