Morriss v. White

Crump, P.,

after making the foregoing statement,, delivered the following opinion of the court.

The plaintiff assigns as error the ruling of the court requiring him to make an election between the two causes of action claimed by the defendant-to have been set up in the declaration. It is argued by the defendant that plaintiff declared upon two separate causes of action not similar in their nature- and requiring widely different defenses, and therefore-the declaration was open to the objection of duplicity,, and the court properly required the plaintiff to elect upon 'which cause of action he…