Lanham v. Cline

CAVANAH, District Judge.

These cases grow out of the same automobile collision, in which the plaintiffs seek to recover damages for the alleged negligence of the defendants. The prayers of the complaints in each case pray judgment against both of the defendants and will require each of them to appear and defend.

The allegations of the complaints present a joint action against the defendants and the plaintiffs cannot pretend to go to trial under the allegations of the complaints as to the defendant Cline alone.

The present status of the defendants must be considered as appears by the allegations…