Whitney v. Whitney

The pleading in the case at bar was challenged by demurrer. The defendant demurred to the complaint upon the ground that it appeared from the face thereof that it failed to state facts sufficient to constitute a cause of suit against the defendant TIryszko; “that there is a misjoinder of parties defendant; * * that there is a misjoinder of causes of suit.”

The complaint avers facts to the effect that the codefendants were joint actors in the unlawful enterprise of transferring an interest in real property from the plaintiff to one of the defendants by means of a forged writing. It avers a…