McMahen v. Western Union Telegraph Co.

The complaint in this case declares against two defendants jointly in three of the counts, and against each of them separately in the other counts respectively. Such a complaint violates a fundamental rule of action and procedure at I9.W.

In our early case of Childress v. McCullough (1837) 5 Port. 54, 62 (30 Am. Dec. 549), it was said:

“It is a well-recognized rule that courts of law will not take cognizance of distinct and separate claims or liabilities of several persons in one suit, though standing in the same relative situations.”

So in 20 R. C. L. 677, § 16, the rule is stated thus:

“Where…