Young v. Taylor

Graves, J:

Taylor sued Young on the common counts, and joined a special count therewith.

Young demurred, and assigned for cause, that the. special count was in tort, and that there was consequently a misjoinder of causes of action. The court overruled the demurrer, and Young pleaded over to the merits.

The cause was then tried without a jury, and the judge made a general finding in favor of Taylor for .two hundred and ninety-four dollars, and judgment was entered upon it. No special findings were made. A point was made upon the alleged misjoinder of causes of action at the trial, and it is now…