Murtagh v. Keystone Transportation Co.

Lewis, David C., J.

Two separate plaintiffs join in the institution of this action. The body of the summons contains a demand for judgment in the sum of $1,250. The indorsement on the summons separates the causes of action and seeks $1,000 damages for the wife and $250 for the husband. The defendant moves to dismiss on the sole ground that the $1,250 demand for judgment embodied in the face of the summons deprives this court of jurisdiction.

While expressions are found warranting, if not inviting, the conclusion that such demand for a single judgment spells fatality, one hesitates to…