Heinrichsdorf v. Keppler Bros.

Hamilton Circuit Court

Heinrichsdorf v. Keppler Bros.

34 Ohio C.C. Dec. 83

Hamilton Circuit Court·Decided December 9, 1905·Published

Opinion

Per Curiam.

Under Snbd. 3, Sec. 5058 R. S., the plaintiff may unite several causes of action upon contracts in the same petition, but under R. S. 5059, they must affect all the parties to the action.

A cause of action upon a bond given in an injunction suit and a cause of action upon an appeal bond given in the same case with different sureties in each, do not affect all the parties to the action, and hence are improperly joined.

Judgment affirmed.

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Per Curiam.

Under Snbd. 3, Sec. 5058 R. S., the plaintiff may unite several causes of action upon contracts in the same petition, but under R. S. 5059, they must affect all the parties to the action.

A cause of action upon a bond given in an injunction suit and a cause of action upon an appeal bond given in the same case with different sureties in each, do not affect all the parties to the action, and hence are improperly joined.

Judgment affirmed.

Heinrichsdorf v. Keppler Bros., 34 Ohio C.C. Dec. 83 (Ohio Super. Ct. 1905).

Pincite

34 Ohio C.C. Dec. 83 (Heinrichsdorf v. Keppler Bros.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.