Davis v. Novotney

Citations

• 15 S.D. 118
• 87 N.W. 582
• 1901 S.D. LEXIS 95

Syllabus

<p>1. Under Comp. Laws, § 4932, allowing the uniting of several causes of action arising out of the same transaction or transactions connected with the same subject of action, a trustee in bankruptcy seeking to recover property adjudged in several different suits to belong to certain of the defendants, and also property sold in satisfaction of judgments in attachment by other defendants, cannot unite his claims in one action.</p> <p>2. A complaint, in an action by a trustee in bankruptcy to recover property adjudged in different suits to belong to certain of the defendants, and also property sold under judgments in attachment, is objectionable for misjoinder of parties defendant</p>