McLeod v. Scott
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. J. H. Rogers, Circuit Judge. There was a misjoinder of plaintiffs. They had two demands, separate, distinct, definitely ascertained and reduced to judgment. All community of interest and connection of plaintiffs was severed by the decree, and by the judgment. Bliss on Code Pleading, secs. 61, 67 ; Taylor, Landlord and Tenant, sec. 116. 1, Complaint properly amended.
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APPEAL from Sebastian Circuit Court. Hon. J. H. Rogers, Circuit Judge. There was a misjoinder of plaintiffs. They had two demands, separate, distinct, definitely ascertained and reduced to judgment. All community of interest and connection of plaintiffs was severed by the decree, and by the judgment. Bliss on Code Pleading, secs. 61, 67 ; Taylor, Landlord and Tenant, sec. 116. 1, Complaint properly amended. Gantt’s Digest, 4616. 2. Plaintiffs properly joined, lb. secs. 4475 and 4477. 3. Not necessary to prosecute Pearce to insolvency. 1. Plaintiffs properly joined. Gantt's Digest, 4475 ;…
1Opinion of the Court
English, C. J. “The condition of this obligation is this : That, whereas, the said Thomas H. Scott and William Paterson have commenced an action in said court above named upon the equity side thereof, and that previous to the filing of the defendant’s answer therein, obtained from the judge of said court an order in the nature of an injunction, temporarily restraining the said H. A. Pierce from selling or disposing of the newspaper known as the Arkansas Patriot, or its press, types, or material; and, whereas, upon notice before the Hon. E. D. Ham, Judge of said court, at Fayetteville, on the…
2Cases cited2 opinions
- Loomis v. BrownNew York Supreme Court · 1853
- Gayle v. MartinSupreme Court of Alabama · 1842
3Cited by2 opinions
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897
- Cary Bros. v. Dalhoff Const. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1904