6 D.C. 252
District of Columbia Court of Appeals
Decided January 31, 1868
District of Columbia Court of Appeals · decided 1868-01-31
The plaintiff had leased to the defendant a house and lot situate in the City of Washington. The latter becoming in arrear for the rent,.suit was brought against him, his wife being joined as a defendant and judgment was rendered against both. The Court below reversed the judgment, and the plaintiff appealed to the General Term.
Decided 1868-01-31
¶1delivered the opinion of the Court:
¶2From the foundation of the common law the joinder of two parties as joint debtors, when in fact one of them is not indebted is a fatal misjoinder. In this case the debt was solely that of the husband; consequently the joinder of the wife was fatal to the action.
¶3The judgment of the Court below is affirmed.