Mendenhall v. Wilson
Supreme Court of Iowa
Appeal from, Mahaska Circuit Court. The jfiaintiff brought this action to recover of the defendants, First, for an alleged violation of an oral lease of certain real estate, and Second, for an alleged trespass in entering the premises of the plaintiff, and removing goods therefrom.
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Appeal from, Mahaska Circuit Court. The jfiaintiff brought this action to recover of the defendants, First, for an alleged violation of an oral lease of certain real estate, and Second, for an alleged trespass in entering the premises of the plaintiff, and removing goods therefrom. Issue having been joined, there was a trial by jury, and a verdict for the plaintiff upon the cause of action for breach of contract of lease in the sum of $150, against defendant E. A. Wilson alone. Upon the cause of action for trespass there was a verdict against both defendants in the sum of $25. Judgments were…
1Opinion of the CourtRothrock, J.
1. VKACTTCB : ™J?onsdor: enfdetoid-1’ ants-The defendants averred in their answer that E. M. Wilson had nothing to do with any of the matters in controversy in the action, and that he was imI . . , Pr0Perly joined with his co-defendant. There was no evidence introduced tending to prove that he was liable jointly with his co-defendant for the alleged trespass. The defendants, in addition to raising the question of misjoinder of parties defendant and causes of action in the answer, asked the court to instruct the jury that there could be no recovery because of the misjoinder, and that the…
2Cases cited1 opinion
- Cogswell v. MurphySupreme Court of Iowa · 1877
3Cited by6 opinions
- Iowa Lillooet Gold Min. Co. v. BlissU.S. Circuit Court for the District of Northern Iowa · 1906
- McPherson v. Commercial Building & Securities Co.Supreme Court of Iowa · 1928
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- Drake v. KeelingSupreme Court of Iowa · 1941
- Gagle v. BesserSupreme Court of Iowa · 1913
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