Benson v. Battey

Citations

• 70 Kan. 288
• 78 P. 844
• 1904 Kan. LEXIS 38

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Joinder of Actions. A cause of action for equitable accounting against two of the defendants in an action cannot be joined in a petition with a cause of action at law to recover damages in tort against another defendant not affected by the first cause of action.</p> <p>2. -Joinder — Condition Precedent. Except in cases to enforce mortgage and other liens, it is a prerequisite to the joinder of causes of action in a pleading that all the causes of action should affect all the parties to the action.</p> <p>3. -Demurrer for Misjoinder. Where the petition contains two or more causes of action which cannot be properly united in the same action, the fact that they are blended and commingled in one statement, instead of being set forth in separate counts, will not deprive the defendant of his right to demur for misjoinder.</p>