First Nat. Bank v. D. S. B. Johnson Land Mortg. Co.

Citations

• 17 S.D. 522
• 97 N.W. 748
• 1903 S.D. LEXIS 91

Syllabus

<p>1. UnderCode Civ. Proc. § 144, providing that plaintiff may unite in the complaint several causes of action, but that the causes united must belong to one of the specified classes, and, except in actions to foreclose a mortgage, must affect all the parties to the action, a complaint in an action to quiet title and for the cancellation of certain instruments affecting the title, which in the first cause of action stated thereon shows no inter est inone of the joint plaintiffs, and in the other cause of action shows an interest in both plaintiffs, is bad for misjoinder of causes of action.</p> <p>2. A complaint which is bad for failing to show in one cause of action stated therein any interest in the subject matter in one of the parties plaintiff cannot be aided in considering the allegations of the other cause of action to show such plaintiff’s interest.</p>