Miller v. Curry 53 Cal. 665

[No. 5976.]

ETHAN MILLER v. A. J. CURRY, LUDWIG ALLSHIEL, and the PEARSON & CURTIS TOBACCO COMPANY.

Misjoinder, of Parties Defendant. — Where the plaintiff’s cause of action consists of several items, parties who are separately and not jointly affected hy the different items cannot he joined as defendants.

Appeal from the District Court of the Fourteenth Judicial District, San Bernardino County.

The action was brought to enjoin a sale of real property levied upon and advertised for sale under two executions from a Justice’s Court—one issued under a judgment in favor of defendant Allshiel, and the other in favor of defendant Tobacco Company—the defendant Curry being the Sheriff. The defendants filed special demurrers, that they were not jointly affected hy the two judgments. The demurrers were overruled and judgment was rendered for the plaintiff. The defendants appealed.

J. D. Boyer, for Appellants, cited Code of Civil Procedure, sec. 427 ; Andrews v. Pratt, 44 Cal. 319.

A. B. Paris, for Respondents.