Merritt v. Nihart
Supreme Court of Iowa
Appeal from Des Moines District Court.
1Opinion of the Court
Lowe C. J.
The plaintiff sues on two notes and describes them both in the same count, which is the error assigned; the defendant claiming that the two notes constitute two distinct causes of action, which can not be embodied in one count. But with equal propriety the two notes or a half-dozen may be regarded as making up in the aggregate one cause of action. This even under the old practice was not deemed multifarious. See Stadler Bro’s & Co. v. Parmlee & Watts, 10 Iowa 30.
Judgment affirmed.
2Cited by2 opinions
- Bankers' Iowa State Bank v. JordanSupreme Court of Iowa · 1900
- Ragan v. DaySupreme Court of Iowa · 1877