Kraft v. Smith

This malpractice case presents the problem of proper application of the provisions of sections 379a and 379e of the Code of Civil Procedure, added to the code in 1927, relating to joinder of parties defendant, in the light of the provisions of section 427 of the same code, relating to joinder of causes of action. The latter section was enacted in 1872 and, except as hereinafter mentioned, has not been amended since 1915.

Plaintiffs, husband and wife, have joined as defendants in one action Drs. Joseph Smith and E. C. Innis, physicians and surgeons, who, independently of each other, treated…