Dillenbeck v. Simons
Michigan Supreme Court
Error to Midland. (Dodds, J.) Assumpsit. Upon the trial, defendants sought to raise the question of non-joinder of defendants, which defense the court ruled could not be made under the ■general issue . From a judgment for plaintiff defendants bring error.
1Opinion of the CourtMcGrath, C. J.
The case of Searles v. Reed, 63 Mich. 485, does not change the rule that the question as to a non-joinder of parties defendant must be raised, if at all, by plea in abatement. In that case suit was brought in justice’s court against Reed and one Worden upon a Sunday contract. On the trial there, plaintiff discontinued as to Worden, and took judgment against Reed, who appealed to the circuit. Upon the trial in the circuit, plaintiff insisted that Reed was liable upon an implied contract growing out of negotiations with plaintiff prior to the Sunday in question. The trial court, however, held…
2Cases cited1 opinion
- Searles v. ReedMichigan Supreme Court · 1886
3Cited by3 opinions
- Beasore v. StevensMichigan Supreme Court · 1909
- McKnight v. LowitzMichigan Supreme Court · 1917
- Smith v. HeppnerMichigan Supreme Court · 1936