¶1The objections of the demurrant (Flynn to the petition, were well taken, for these reasons : 1st, The petition united in the same count two distinct causes of action, one ■ arising ex contractu, the other ex delicto. 2nd, Two distinct causes of action not belonging to the same class, were united in the petition. 3rd, There was an improper joinder of parties defendant, Blackburn, who was declared against on a breach of contract, and *425Flynn i'or a tort. It is unnecessary to notice the other errors assigned. Judgment reversed and cause remanded.
71 Mo. 424
Phillips v. Flynn
Decided April 15, 1880
Supreme Court of Missouri · decided 1880-04-15
— Hon. ¥m. T. Wood, Judge. This was a suit for rent against defendant Blackburn. Flynn was joined as co-defendant. The petition averred that he had purchased of Blackburn the crop raised on the demised premises; that the purchase was made with full knowledge that it had been so raised, and that plaintiff’s rent was not paid, and that plaintiff was, therefore, entitled to a landlord’s lien upon the crop.
Cited by 1 later decisions — most recently April 1897
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1880-04-15
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